Some parents are using the lockdown to inflict emotional abuse on children warn family barristers
A LEGAL service giving separating/divorcing parents direct access to barristers says it’s seeing an increase in emotional abuse during the lockdown and is worried about the damage it’s causing children.
Children in the Middle says it wants to raise awareness of parental alienation to ensure it’s recognised, so youngsters at home under COVID-19 restrictions are less vulnerable to it.
Elizabeth McCallum, who is a family barrister and co-founder of Children in the Middle, along with fellow Exeter barrister Sarah Evans, explained: “If, following divorce or separation, a child, for no good reason, rejects one of their parents as a result of the influence, either conscious or subconscious, of the other parent, this is parental alienation. It is a form of emotional abuse. We want people to understand that this isn’t acceptable behaviour and to recognise the damage this could be doing to their child before they are fully alienated.
“We currently have a number of parents who are not seeing their children, and some children who were already vulnerable from parental alienation. If left to continue long-term, it can cause severe emotional harm to a child and this can be difficult to repair, and can have significant impact potentially on their coping mechanisms, behaviour, educational achievements, development and emotional and mental health for the rest of their lives.
“The Government has said that children under 18-years-old are able to move between separated parents during the current restrictions. However, each parent needs to undertake an assessment of the risks involved. If it is not safe for the other parent to care for the children, then the court will expect alternative contact arrangements to be made. However, we’re hearing about cases where parents are being opportunistic in the lockdown and stopping the other mum or dad from seeing their children.
“The English legal system is only just starting to get to grips with the concept of parental alienation, however we’d rather it didn’t reach the court and could be resolved before this to reduce the damage it can cause between parents and children.”
Children in the Middle says, with time, parental alienation can lead to a child falsely accusing the rejected parent of harming them and it results in the child becoming psychologically ‘split’, when they perceive one parent is all good and the other all bad.
Elizabeth continued: “These are some of the most difficult cases around and they need careful and sensitive handling. Parents need the right expert advice and assistance from barristers, but also other professionals.
“While parental alienation is now being recognised and understood in our legal system, it’s just the beginning. Even identifying a child’s behaviour as parental alienation can be an uphill struggle, so it is key to tackle it early with the right legal and professional input.”
Children in the Middle is warning separating or divorcing parents in the middle of a dispute over their children, that it may be difficult to see what is happening.
“Once parental alienation is recognised, you then have to convince the judge on the right course of action to help your child. You also probably have to convince a Children and Family Court Advisory and Support Service (Cafcass) officer and the other parent too.
“Your child will probably require professional help to assist them with processing and understanding the alienation. Using the wrong professionals for your child can worsen the alienation. You therefore need expert legal advice on how to address this issue. We advise and represent parents in cases of parental alienation and can help convince other professionals and the judge what is happening to your child and how to try to resolve it.”
The Children in the Middle team is expert in this field and has a wealth of experience in handling these complex and sensitive disputes.
It is the only practice solely specialising in offering parents wishing to make arrangements to see their children direct access to barristers inside and outside court nationally in England and Wales.
In the past a solicitor was required to instruct a barrister, but due to rule changes under the Public Access Scheme, members of the public are now able to instruct barristers direct.
Sarah, who has been a family law specialist for more than 30 years, says: “As experts in making child arrangements following divorce and separation, we’re on hand to advise both parents and to work towards a sensible resolution. No matter how challenging your circumstances, we can guide you through making care arrangements that work for you and your children. We offer creative, practical solutions to even the most difficult problems, so you and your children can move forward in a positive way.
“The particular needs of your family and the wellbeing of your child are our top priorities. Wherever possible, we will help a parent reach a voluntary agreement with the other parent over the arrangements for their child.
“But, if court action is required, as barristers, we can provide the experienced representation a parent needs for every stage of the proceedings, from initial advice, drafting an application to the court, representation at hearings and preparation of witness statements and evidence.
“However, as a parent you may just need one virtual meeting with us, so we can give you advice and guidance on the best way forward for you and your child.
Most of our work is done remotely, which means geography is not a barrier. It also means that we keep our overheads down, a benefit we can pass on to the client. What we offer is affordable, expert legal advice about your children.
“By having direct access to us, you can save money by managing your own case through handling the admin and the paperwork, while still benefitting from specialist legal advice from a barrister, who is a children’s law expert.”
Elizabeth has practiced in this area of law for more than 14 years. She initially qualified as a barrister, then transferred to become a family solicitor. More recently, she has resumed her career as a barrister.
Sarah has a wealth of experience having spent time as a family lawyer working in the USA, Scotland and London before joining Magdalen Chambers in Exeter as a barrister.
As well as assisting with court cases, Children in the Middle can offer assistance with appointments and preparing court documents to parents living anywhere in England and Wales.
“We have more than 45 years’ combined experience in the children law field and we aim to offer creative, practical solutions in even the most difficult situations.”
For further details, please visit www.childreninthemiddle.co.uk.
