Q: What did Re Y [2026] EWFC 38 decide about alienating behaviours?
A: Re Y establishes that courts must determine the factual matrix before considering expert evidence in cases involving alleged alienating behaviours. It also confirms that only registered or chartered psychologists should be instructed as experts in such cases, unless there are cogent reasons to the contrary.
A newly published judgment, Re Y (Experts and Alienating Behaviour: The Modern Approach) [2026] EWFC 38 handed down by the President of the Family Division, sets out how the courts should now deal with cases where one parent alleges the other has engaged in alienating behaviours.
In Re Y, the mother applied to the court to set aside findings that had been made in October 2019 and May 2020. The findings were that she had alienated the children from their father by her “highly negative” attitude towards him. The expert instructed in the case had expressed the view that if the children continued to live with their mother they would be at significant psychological risk. Both parents alleged domestic abuse and coercive control against the other. On the basis of the expert evidence, the children were removed from their mother’s care and she had had no contact with them for five years. The children moved to live full time with their father. No fact-finding hearing on the abuse allegations took place. The mother made attempts to challenge the decision but was unsuccessful.
In recent times concerns have been raised about the way courts have previously dealt with allegations of alienating behaviours resulting in fresh modern guidance being promulgated: by the Family Justice Council in guidance published in December 2024 and by the courts in the widely commented upon case of Re C: (Parental Alienation: Instruction of Expert) [2023] EWHC 345.
The impetus for the mother’s application was that the children were of an age where they had taken matters into their own hands and sought out their mother. This led to the police removing the younger child from her care and placing him in foster care prompting the mother to make her application to set aside. The court made findings that the expert who had been instructed as a psychologist to report should not have been instructed as she was neither registered with the Health and Care Professions Council nor chartered by the British Psychological Society. The findings were set aside as they were based upon the opinion of the expert rather than on established facts about parental behaviour, “the judge in the present case fell into a basic error by not establishing the factual matrix first, in particular whether there had been domestic abuse and before considering any expert evaluation.”
Re Y provides a clear statement of the current law in relation to alienating behaviours and makes clear that in future cases where alienating behaviours are alleged the court must determine the allegations of domestic abuse first before considering expert evidence. The Judge also opined that only registered or chartered psychologists should be instructed as experts unless there are cogent reasons to the contrary. Proposed changes to the Family Procedure Rules are expected to come into force in mid-2026.
The impact on the parent-child relationship where allegations of alienating behaviours are made can be devastating. I recall a case early in my career where a father spent several years seeking contact with his son in circumstances where he believed that the mother was negatively influencing the child against him and the court temporarily suspended contact. Whilst we were successfully able to obtain orders for contact to resume, the time lost with a child cannot be regained.
Q: What is the difference between ‘parental alienation’ and ‘alienating behaviours’?
A: Parental alienation is a term that has fallen out of favour (due to its association with the now discredited “parental alienation syndrome”) and Courts and family law practitioners now use the term ‘alienating behaviours’. The key is to focus upon the relevant behaviours and the impact that they have on the child rather than on labelling the parent. The Family Justice Council’s December 2024 guidance reflects this important shift. The guidance explains that alienating behaviours are, “psychologically manipulative behaviours, intended or otherwise, by a parent towards a child which have resulted in the child’s reluctance, resistance or refusal to spend time with the other parent.”
Q: What should parents do if alienating behaviours are alleged in their case?
A: Early legal advice is advised to avoid further damage to the parent-child relationship. Following Re Y, the guidance to practitioners is clear and “permission should not be given under [Children and Families Act 2014], s13 for the instruction of an expert “psychologist” who is neither registered by a relevant statutory body, nor chartered by the BPS.” The judgment also makes it clear that the factual matrix must be established first by the judge before they consider any expert evaluation.
If you are concerned about issues raised in this article our team of specialist family lawyers can help. Details of our services and our team of lawyers can be found here – https://www.phb.co.uk/service/child-arrangement-orders/
Frequently Asked Questions
Q: What is Re Y (Experts and Alienating Behaviour: The Modern Approach) [2026] EWFC 38 about?
Re Y is a 2026 judgment from the President of the Family Division setting out how courts should approach cases where alienating behaviours are alleged. It establishes that the factual matrix must be established before expert evidence is considered, and that expert witnesses must be appropriately registered or chartered.
Q: What qualifications must an expert have to give evidence in a case where alienating behaviours are alleged?
The Re Y judgment confirms that experts should be either registered with the Health and Care Professions Council or chartered by the British Psychological Society, unless there are cogent reasons to depart from this requirement.
Q: What is the Family Justice Council guidance on alienating behaviours?
The Family Justice Council published updated guidance in December 2024 on how courts should handle allegations of alienating behaviours. The guidance can be read in full here – https://www.judiciary.uk/wp-content/uploads/2024/12/Family-Justice-Council-Guidance-on-responding-to-allegations-of-alienating-behaviour-2024-1-1.pdf. Together with Re Y [2026] EWFC 38 and other relevant case law, this guidance forms the modern framework for these cases.
Q: Will the Family Procedure Rules change how these cases are handled?
Hopefully. Proposed changes to the Family Procedure Rules are anticipated to come into force in mid-2026 and will deal with the instruction of experts (see paragraphs 69 – 70 of the judgment.) The proposed changes are awaiting review by the Family Procedure Rule Committee.
