Skip to content

What is parental alienation?

Parental alienation is where one parent adversely influences their child in a way that causes the child to develop hostile feelings towards the other parent for no valid reason.

Examples of behaviour that can lead to parental alienation can range from frowning or ignoring the child whenever the other parent is mentioned, to one parent bad mouthing the other parent. Behaviour that can cause parental alienation is in essence, anything that causes the child to perceive the other parent in a negative light, such as one parent encouraging the child to be disrespectful towards or behave badly towards the other parent, lying to the child to make the other parent appear in a negative light or not passing on telephone messages or gifts.

It should be noted that the court has absolute discretion to make any order it sees as necessary when considering the arrangements for children and therefore if the court determines that there has been parental alienation it can make an order to alter the amount of time that the child spends with each parent, or it can in exceptional cases make an order changing which parent the child lives with.

Related FAQs

Are permitted development rights now in existence for the creation of emergency medical facilities?

Yes. The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 came into force on 9 April 2020 giving permitted development rights for emergency development. The permitted development right is available to local authorities and health service bodies (as defined) on land owned, leased, occupied or maintained by it for the purposes of:

  • Preventing an emergency
  • Reducing, controlling or mitigating the effects of an emergency
  • Taking other action in connection with an emergency

It could cover, for example, the temporary change of use of buildings into a Nightingale Hospital or the establishment of a testing centre.

The permitted development right is not permitted in certain instances and is subject to a number of conditions including the notification of the local planning authority and the cessation of the use before 31 December 2020.

Further detail of the permitted development right is available at the link below.

http://www.legislation.gov.uk/uksi/2020/412/made

What rules has the European Commission introduced?

The Commission has provided guidance as to measures which Member States can introduce without notification. These include:

  • Measures which apply to all businesses within a Member State (for example the furloughing measures introduced by the UK Government)
  • Measures providing support direct to consumers
  • Measures which are already exempt from the notification requirement (discussed further below).

To respond to the crisis the European Commission has also issued a temporary framework to provide a basis for emergency aid to be notified for approval. The framework is initially in place until 31 December 2020. The Commission continues to keep this under review and has twice widened its scope to allow more types of aid to be notified. The type of measures covered include:

  • The provision of guarantees (including guarantees for 100% of loans)
  • The provision of loans at low interest rates, at zero interest rates or subordinated to senior debt
  • Measures to support liquidity needs or to alleviate difficulties caused by the current crisis
  • Measures to recapitalise businesses
  • Measures to assist sectors hit particularly hard by the current crisis (eg transport)
  • Measures targeted at COVID-19 such as research and development or production of products related to tackling the virus

The Commission has approved a UK Government “umbrella” notification to allow UK public authorities to adopt the measures permitted by the Commission framework. Therefore public authorities in the UK can use the Framework without notifying individual measures or schemes to the Commission.

What is the divorce process?

From 6 April 2022, the process will change. The first stage in the divorce process is to issue a divorce application with the court. This is the document which outlines that your marriage has broken down irretrievably. If you are a sole applicant, the divorce application will be sent to your husband/wife, and they will have to acknowledge receipt of the application in order for the divorce to proceed. Alternatively, you and your husband/wife can make a joint application together, and the divorce application will be sent to both of you for acknowledgment.

The law lays down a minimum allowable period of 20 weeks between the application and the conditional order. After 20 weeks you can apply to the court for a conditional order. This is the stage when the court satisfies themselves that you are entitled to a divorce. Once you receive your conditional order, you can apply for your final order after 6 weeks and one day. The Final Order formally ends your marriage.

There can be complications to the divorce process if, for example, your husband/wife refuses to acknowledge the divorce application. At these times it is in your best interests to obtain legal advice as to the best way to proceed.

Our experienced divorce lawyers understand the stress of facing a divorce and can make the process simple, hassle free and affordable. They have also prepared this article which provides further detail on the divorce process.

What happens if that means a particular service might need to close?

Ultimately closing a service will be a decision that is taken at the highest level and that decision will depend on risk appetite.  Often these types of higher risk are mitigated by way of insurance but that still depends on an insurer being willing to accept that risk. This decision will depend on accepting a known risk and its consequences.

What is the reaction to the funding?

The reaction from NCVO is that this is an important first step.  However, it will not stop well run charities from closing and others will look very different in a few months’ time.