The head of the family courts, Andrew McFarlane, has published a guide which looks at conflicts of interest among expert witnesses called to give evidence in family law cases.
The mini guide will make up part of a larger guide addressing the use of expert witnesses in cases where allegations of parental alienation are made. The full guide will be issued in 2023.
The interim guide sets out the need to ensure that any conflicts of interest are disclosed by the expert, and that the expert has an appropriate body of knowledge qualifying him or her to give evidence.
Unfortunately, the guidance relies solely on the honesty of the expert in making a declaration about his or her potential conflicts of interest in what McFarlane calls a “Statement of Truth.”
The guide does also warn the system against allowing expert witnesses and connected associates to provide services and interventions to the families in these cases. This is what the document says:
“Recommendations for interventions deliverable only by the instructed expert or their associates are inconsistent with [transparency]. It increases the risk of bias, can limit appropriate oversight of interventions and risks delays as it may create barriers to families accessing appropriate, timely support local to them. The court should be extremely cautious when asked to consider assessment and treatment packages offered by the same or linked providers.”
The guidance adds:
“The court should be mindful that any program of work proposed by an expert that raises a professional conflict is contrary to best practice and challenges the integrity of any updating expert opinion. Before a court orders any further work, which involves the appointed expert who has assessed within proceedings or someone with a related financial interest, the court should warn itself about endorsing this approach and scrutinize all available options.”
No formal definition of parental alienation exists, but it is sometimes described as a phenomenon in which one parent psychologically manipulates their child against the other parent, with a view to either encouraging the child to align with the alienating parent’s view, or to erase the targeted parent from the child’s life forever.
While most people agree that some parents going through a divorce or separation can and do try to influence their children’s views of the other parent, ongoing attempts to define the behaviour as a recognised mental health condition are considered to be controversial and unfounded by some experts.
A growing lack of confidence in Britain’s family court system and its ability to work out who is genuinely at fault (ie. who is the real victim in such cases) has also played a significant role in campaign groups pushing back against any efforts to formally recognise the phenomenon or place it in a category of its own in family cases.
You can access this pointless bit of guidance here.
Researching Reform 
“No formal definition of parental alienation exists, but it is sometimes described as a phenomenon in which one parent psychologically manipulates their child against the other parent, with a view to either encouraging the child to align with the alienating parent’s view, or to erase the targeted parent from the child’s life forever. ”
Seems like a workable definition to me .. Evidence for it might be contested though and may not be clear .. HOWEVER there might be a shining light inside asking the children what their views and experiences are .. “Might be” is the phrase. Because if children are young they will not always realise how a parent is operating to turn them against another parent .. I’ve seen this close up with a mother using a photo of the father to create disdain and hatred that the young child can see .. Equally I have seen father’s suffer from prejudicial views and lack of access .. It can be quite a war started by co-abuses and divorce ..
Could “Parental Alienation” become a mental health definition of a condition? … Oh dear, we do need to use good sense, evidence (if it’s there) and children’s feelings when it comes to teasing apart what’s happening to them .. Styles of being hurt and alienated from connections to others or even Self to Self can be discussed more loosely and yet still gain impacts toward understanding what balances must be struck for the best care for the child….
As an Adoptee I would like to see all court papers and summaries of why a judge/experts thought the way they did made available to the “child” later if sense is a necessary dimension for the child to gain when adulthood comes .. It’s hell not having enough information about who did what and when …. It scars one’s life … Making sense of life is a natural primal need often denied to some of us by the State and it’s servants ..
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I’m not sure I saw much honesty from any of the professionals including the judge in the family court. The local authority ‘paid for’ experts had an agenda, which was whatever the local authority’s agenda was.
Parental alienation exists but it doesn’t just occur with the birth parents. Once a child is with a foster carer or special guardian it likely happens more. The courts frown on a birth parent alienating the child from the other parent but its not even acknowledged that a child in the care system is alienated from their birth family. When it’s pointed out, regardless of where, how or to whom, it’s dismissed. In the family court especially, it shouldn’t be but when a judge ignores what you say, who do you turn to?
You only have to look at a child who previously loved & wanted to see a family member but after a short period of time no longer wants any form of contact (& often won’t give a reason why), with the other party to see alienation in action.
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“The courts frown on a birth parent alienating the child from the other parent but its not even acknowledged that a child in the care system is alienated from their birth family. When it’s pointed out, regardless of where, how or to whom, it’s dismissed.”
Dana,
I’m so glad you pointed this out as I’ve mentioned this on here many times. and its so true that the family courts don’t want to hear about Alienation being perpetrated by a foster carer or special guardian. they simply wont even consider it.
So what’s the solution to this ?
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Dana are you on Facebook ?
would like to keep in touch if thats ok.
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“Unfortunately, the guidance relies solely on the honesty of the expert in making a declaration”
usually that so-called expert will be good buddies with the council social care team and a Biased decision is inevitable.
in one meeting with the social worker the expert witness attended and at the end of the meeting as everyone was leaving we got up last. the social worker and expert witness stayed in the room as we left. Very suspicious.
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