Reluctance, resistance, and refusal: a move toward consistency in responding to allegations of alienating behaviours – a look at the FJC’s new guidance and its impact

Anna Chambers, Barrister

In December 2024, the Family Justice Council (‘FJC’) released new guidance on, ‘responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour’. The President of the Family Division and Chair of the FJC, Sir Andrew McFarlane describes the topic as complex and polarising; a description most family practitioners would likely agree with. There has been a lack of clarity in handling cases when alienating behaviours are raised as an issue, and this welcomed guidance aims to codify and achieve consistency in how the courts and practitioners deal with the same. This article highlights the key elements of that guidance, examines how it has been translating into practice, and considers the possible future impact that the guidance could have on the court’s approach to such issues.

The full article has published in the July issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

Read the full article here.