Parental Alienation in Australian Family Law - What You Need to Know

When parents separate or divorce, it’s normal for tensions to run high. But in some cases, one parent may intentionally influence a child to reject the other parent without legitimate reason. This is known as parental alienation, a serious issue with deep emotional and legal consequences, particularly for the child.

At Chatswood Family Lawyers, we’re often asked: what happens when one parent turns a child against the other? Is it considered abuse? Can the courts step in?

In this article, we’ll explain what parental alienation is, how the courts view it under Australian law, and what you can do if you’re facing it.

What is Parental Alienation?

Parental alienation occurs when a child becomes estranged from one parent due to the influence, pressure, or manipulation of the other parent. This may involve the alienating parent speaking negatively about the other, limiting contact, or making the child feel guilty for wanting a relationship with them.

While children may naturally express preferences post-separation, alienation is a more sustained and damaging behaviour that is manipulative and emotionally abusive. It can range from subtle undermining to outright rejection of the other parent.

How is Parental Alienation Handled in Australian Law?

Although the term “parental alienation” isn’t explicitly mentioned in the Family Law Act 1975, Australian courts have recognised the behaviour and taken strong steps to address it. Judges consider the best interests of the child as their paramount concern, which includes ensuring the child has a meaningful relationship with both parents unless there’s a risk of harm.

If one parent is proven to be alienating the child, the Federal Circuit and Family Court of Australia can make a variety of orders, including transferring primary care of the child to the other parent, ordering supervised time, or mandating therapeutic intervention.

This position is supported by growing legal and academic scrutiny. In fact, the Australian Parliament’s Joint Select Committee on Australia’s Family Law System has published an interim report on family law, highlighting parental alienation as a pressing concern in high-conflict custody cases.

Signs of Parental Alienation

If you’re concerned your child is being alienated, some common signs may include:

• Your child expressing irrational fear, anger, or hatred toward you without a clear reason
• Your co-parent constantly criticising or belittling you in front of the child
• The child becoming unusually protective of one parent
• Being denied time or communication with your child
• The child using language that sounds adult or mirrors the alienating parent’s criticisms
  
  

It’s important to document these behaviours and seek legal advice early. In court, evidence may include witness statements, communication records, and expert reports from psychologists or family consultants.

What Legal Options Do You Have?

Parental alienation is complex, but there are legal steps available:

1. Apply for Parenting Orders – If no orders are in place, you can seek formal arrangements through the court to secure contact and decision-making responsibilities.
2. Enforce Existing Orders – If court orders are being ignored, you can apply for an enforcement or contravention order.
3. Family Dispute Resolution (FDR) – Mediation is often the first step before court, unless there’s family violence.
4. Seek Expert Reports – A court-appointed family consultant may assess the family dynamics and provide recommendations.
   
   

In serious cases, the court can even reverse custody, reduce time with the alienating parent, or order intensive counselling.

How Chatswood Family Lawyers Can Help

Dealing with parental alienation is emotionally devastating, and legally complicated. At Chatswood Family Lawyers, we provide compassionate yet firm legal guidance to help protect your parental rights and your child’s wellbeing.

We can help you gather evidence, navigate court processes, and advocate for your right to have a meaningful relationship with your child.

If you’re experiencing signs of parental alienation, don’t wait.

Find out more about our family law services.

Contact us today at (02) 9412 4500 or submit an enquiry online for a confidential discussion.