Parental Alienation in Australia: Signs, the Law and How to Respond

Quick Answer 

Parental alienation describes a situation where a child becomes estranged from one parent. This may be as a result of one parent’s words or behaviour undermining the child’s relationship with the other parent. In Australia, it is not a separate legal claim under the Family Law Act 1975 (Cth). Instead, the Court considers this conduct when deciding what parenting arrangements are in the child’s best interests.

Separation can be a challenging experience for parents and children. While many families work towards maintaining positive relationships with both parents, some experience ongoing conflict that affects a child’s relationship with one or both parents.

In some cases, a child may become resistant to, or reject, their relationship with a parent. This can raise concerns about parental alienation and its impact on the child’s emotional wellbeing and future parenting arrangements. Understanding how parental alienation is approached in Australia is important for any parent navigating a parenting dispute.

What is parental alienation?

Parental alienation is a term commonly used to describe situations where a child’s relationship with one parent has become strained, to the point the child is estranged from that parent, often as a result of words, actions and/or behaviours of the other parent that negatively impacted the relationship between the child and the parent. This may involve repeatedly speaking negatively about the other parent, discouraging contact with the other parent, involving the child in adult disputes or pressuring the child to “choose sides”.

What are the signs of parental alienation?

Behaviours that may raise concerns include:

1. Undermining the other parent. Repeatedly making negative or damaging comments about the other parent in the child’s presence.
2. Interfering with contact. Unreasonably discouraging or obstructing communication or time between the child and the other parent.
3. Involving children in conflict. Asking children to deliver messages to the other parent, report on the other parent or take part in adult disputes.
4. Creating loyalty conflicts. Making a child feel guilty for enjoying time with, or showing affection towards, the other parent.
5. Restricting the child’s relationship. Repeatedly failing to support an otherwise safe and appropriate relationship with the other parent.

Each situation must be assessed on its own facts, with careful consideration of the child’s experiences and circumstances.

Is parental alienation recognised in Australian law?

Parenting disputes in Australia are governed by the Family Law Act 1975 (Cth). Although parental alienation is a term frequently used in family law disputes, it is not a separate or expressly stated cause of action under the Act.

Under section 60CA of the Act, the child’s best interests are the paramount consideration when the Court makes a parenting order. Section 60CC sets out the matters the Court must consider, including:

1. arrangements that promote the safety of the child and those caring for them, including protection from family violence, abuse, neglect and other harm;
2. any views expressed by the child;
3. the child’s developmental, psychological, emotional and cultural needs;
4. each parent’s capacity to meet those needs;
5. the benefit to the child of maintaining relationships with their parents and other significant people, where it is safe to do so; and
6. any other relevant circumstances.

How does the Court focus on the child’s best interests?

A central principle of Australian family law is that children should not be placed in the middle of parenting disputes. Where parental alienation is raised, the Court may examine whether a parent’s conduct is affecting the child’s emotional wellbeing or unnecessarily damaging the child’s relationship with the other parent.

The focus remains on the child rather than on punishing either parent. The Court’s objective is to make arrangements that promote the child’s safety, stability and overall wellbeing.

What should I do if I suspect parental alienation?

If you are concerned that your child’s relationship with you is being undermined, respond calmly and keep your child’s wellbeing at the centre of every decision. Practical steps include:

1. Keep your child out of the conflict. Avoid criticising the other parent in front of your child, asking your child to take sides or using your child to convey adult concerns to the other parent.
2. Document relevant incidents. Keep factual records of communications, proposed arrangements and any interference with your relationship with your child.
3. Encourage appropriate communication. Where safe and appropriate, keep communication with the other parent respectful and focused on practical arrangements for your child.
4. Consider professional support. Family dispute resolution, counselling or other specialist support may help, though these options may not be appropriate where family violence or safety risks are present.
5. Obtain legal advice. A family lawyer can assess your circumstances and advise whether negotiation, family dispute resolution or a Court application is appropriate. Before applying to the Court, parents generally need to attempt family dispute resolution, unless an exception, such as family violence or urgency, applies.

If parenting orders are already in place, get advice before changing the arrangements or withholding your child from time with the other parent. Equally, concerns about abuse or family violence should be raised promptly.

Can the Court make orders to address parental alienation?

Yes. Where the evidence shows that a child’s relationship with a parent is being undermined, the Court can make parenting orders that promote arrangements in the child’s best interests. Depending on the circumstances, orders may address where the child lives, the time they spend with each parent, communication and other aspects of their care.

However, the Court does not automatically change a child’s living arrangements because parental alienation has been alleged. Any Orders must be justified by the evidence and consistent with the child’s best interests.

What evidence is relevant when parental alienation is alleged?

Evidence helps the Court understand what has happened and how the child’s relationship with each parent has been affected. Relevant material may include:

1. text messages, emails and other communications between the parents;
2. records of proposed or missed time with the child, and the reasons given;
3. evidence of attempts to facilitate communication and contact;
4. relevant school, counselling or professional records, where lawfully available and appropriate;
5. evidence from people with direct knowledge of the child’s circumstances; and
6. family reports or other expert evidence obtained.

Evidence is always considered in context. Missed time may have occurred for legitimate reasons, and a child’s negative comments about a parent do not, on their own, prove that the other parent has influenced them. Keep accurate records, communicate appropriately and seek legal advice before taking any step that could affect existing arrangements or Court orders.

Moving forward and protecting your child’s wellbeing

Parental alienation concerns can be emotionally difficult and legally complex. It is important to distinguish conduct that unnecessarily undermines a child’s relationship with a parent from situations where a child is expressing genuine concerns or responding to difficult family circumstances.

Australian family law places the child’s best interests at the centre of every parenting decision. Allegations are therefore considered carefully, with a focus on the evidence, the child’s needs and the safety of everyone involved.

Speak with a Melbourne family lawyer 

If you are concerned about parental alienation or are finding it difficult to maintain your relationship with your child after separation, timely legal advice can help you understand your options and find the right way forward.

The team at Ramsden Family Law in Melbourne advises parents across Victoria on parenting disputes, existing parenting orders, and concerns about parental alienation, always with your child’s best interests in mind. Contact us to arrange a consultation.

This article is general information only and is not legal advice. Please obtain advice about your specific circumstances.

This article is general information only and is not legal advice. Please obtain advice about your specific circumstances.