What is parental alienation? Put simply, parental alienation occurs when one parent deliberately or subconsciously influences a child to reject, fear, or feel hostility towards the other parent — often without legitimate cause. While not always easy to detect, its emotional and legal consequences are serious. As experienced family lawyers, we find that many clients have questions about parental alienation. Post-separation parenting disputes are often complex and emotionally charged, which only adds to concerns about alienation.
In the context of parental alienation Australia-wide, this behaviour is increasingly surfacing in family court matters, partly due to the court’s better understanding of the harm it can cause. These actions not only damage the parent–child bond but may also amount to a breach of court-ordered parenting arrangements.
Parental alienation is taken seriously under Australian family law, especially when it compromises a child’s wellbeing and their right to maintain a meaningful relationship with each parent. In this article, we’ll explore how to recognise the signs, the legal implications, and what you can do if it’s happening to you.
Recognising the Signs of Parental Alienation
Understanding the signs of parental alienation can help you take action early. These signs can range from subtle emotional shifts to outright rejection of one parent, often fuelled by the other parent’s conduct.
Some examples include:
- A child suddenly expressing unfounded anger or fear towards one parent
- The child using language or reasoning clearly borrowed from the other parent
- One parent frequently undermining or criticising the other in front of the child
- The child refusing contact or visitation without any obvious, personal reason
- Denial or obstruction of scheduled parenting time
No matter if it’s parental alienation against a mother or parental alienation against a father, the harm is equally serious — not just for the alienated parent but also for the child’s emotional development. A sense of stability and trust in both parents is essential for a child to thrive.
Raising parental alienation awareness is key to early intervention. Keep in mind that children are often caught in the middle of their parents’ conflict, and the wishes they express may be shaped more by loyalty conflicts or pressure than genuine preferences.
For a deeper look at other post-separation parenting patterns, the Australian Institute of Family Studies explores these dynamics in their research on parenting and financial arrangements over time.
Parental Alienation & the Law in Australia
So, what does the law say about parental alienation in Australia? Although not defined as a standalone crime, laws against parental alienation in Australia are embedded within the Family Law Act 1975 (Cth). This act states that alienating behaviour can constitute a breach of parenting orders, especially when it interferes with the child’s time or communication with the other parent.
Parenting order violations can be minor or serious. Where there is evidence of ongoing manipulation or emotional harm, courts will consider parental alienation a serious breach. The judges’ view on parental alienation is grounded in one central principle: the best interests of the child. If a parent is found to be obstructing a child’s relationship with the other parent without just cause, the court may impose any of these penalties for violating a parent order:
- Issue a formal warning
- Order make-up time with the alienated parent
- Require the alienating parent to attend parenting programs
- Impose a good behaviour bond or fines
- In severe cases, alter living arrangements or parental responsibility
The punishment for parental alienation can escalate if the alienating behaviour continues, potentially leading to the loss of decision-making rights or even a reversal of primary custody.
Behaviour that might seem like minor parental order breaches on the surface (like not ensuring the child calls the other parent or not encouraging the child to go with the other parent on their weekend) could quickly amount to parental alienation if repeated.
If you’ve been accused of, or are experiencing parental alienation, Duffy & Simon can help. With years of expertise behind us, our team of family lawyers gathers evidence, frames legal arguments, and guides clients through the enforcement or variation of parenting orders.
For a broader view of legal reform in this space, the Australian Law Reform Commission’s submission on family law system issues includes valuable insights into the challenges of alienation and non-compliance with custody agreements.
Impacts on Families & Children
The effects of parental alienation syndrome — a term used to describe the psychological impact on children subjected to prolonged alienation — can be deeply damaging. Children may experience anxiety, guilt, confusion, and impaired self-esteem. Over time, these emotional effects can influence their mental health, social relationships, and academic performance.
From an affected parent’s perspective, alienation can be devastating. Parents who are cut off from meaningful involvement in their child’s life often experience grief, stress, and even depression.
This is why parental alienation awareness is crucial — not just among families but also across schools, counselling services, and the legal system.
For more information about the impact on families and children, Griffith University’s research into post-separation abuse explores how coercive behaviours, including alienation, can escalate and affect all members of the family unit.
What to Do If You’re Experiencing Parental Alienation
If you believe you’re experiencing parental alienation, your first step should be to seek legal advice. A family lawyer can help assess whether your situation amounts to a breach of parenting orders and whether the other parent’s actions could be deemed emotionally abusive or controlling.
It’s important to document any incidents where the child has been withheld, or where the other parent has obstructed contact or decision-making. Legal options include:
- Filing a contravention application with the Federal Circuit and Family Court of Australia
- Seeking a variation to parenting orders if current arrangements are unworkable or damaging
- Requesting interim orders or supervised contact if the child’s wellbeing is at risk
These steps can be especially powerful when combined with evidence of broader coercive behaviour, such as financial abuse. Even failure to meet child support obligations will be considered under this coercive control banner, so make sure to retain financial records.
Legal consequences for the alienating parent can be serious. Punishment for parental alienation may include court-mandated programs, fines, or a loss of parenting rights — particularly when repeated breaches show a disregard for the child’s needs and the court’s authority. Keep in mind that fines are paid to the Commonwealth, not to the affected parent. However, your legal costs may be covered by the other parent if you can prove a violation has occurred.
Get Legal Advice Today
Parental alienation is more than just family conflict — it’s a harmful dynamic that can damage the parent–child relationship and violate court orders. Whether you are experiencing alienation yourself or worried about a child being manipulated, it’s vital to act early and seek legal support.
If you’re worried about parental alienation, speak to our experienced family lawyers today — Duffy & Simon is here to help you protect your family and your future.