There can be many reasons for a child being resistant to contact including the behaviour of either parent.
The court has the complex task of navigating as to why a child is refusing contact. Is one parent providing a false narrative or is the other’s behaviour such that the child does not want to have contact with them?
Where a child refuses to see a parent then often there are allegations of ‘parental alienation’. Where parties’ relationships are already fraught then this additional element can polarise matters further. The Family Justice Council position is that ‘parental alienation syndrome’ has no evidential basis and internationally has been condemned as harmful pseudo-science. That said the terminology remains prevalent on the internet.
In children proceedings then the court focus is on what is best for the child, however emotions can run high and parties can lose sight of this especially when either they have concerns that the other party is influencing their child or that the other party’s own behaviour is the cause of the child’s refusal. The impact of any parental behaviour on a child can be significant and long lasting, continuing after proceedings have ended.
Unravelling the allegations can prolong proceedings and lead to multiple hearings. This delay can provide further uncertainty and continuing allegations.
The court has to carefully considers all the facts before it, as it can lead to decisions being made where there are final orders containing draconian measures such as deciding that the child should live with the other parent or that there should be no contact ordered. It is a delicate decision to be balanced as to the impact it will have on the child.
Each matter is individual and will depend on the circumstances, however it is important not to forget that the focus must remain on the consideration of how the child is being impacted.
For more information on family matters or to find out how we can help you, please contact our Family Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.