Guidance for a DAPO under the Domestic Abuse Act 2021

I have been readiong several act of parliament lately - don't ask - but I have spent some time studying and reading explanatory notes surrounding the Domestic Abuse Act 2021 to ascertain how it may relate to parental alienation cases. In this vein I have written the following guidance. I hope many will find this useful. Guidance Note: Using the Domestic Abuse Act 2021 in Cases of Parental Alienation

This guidance note provides straightforward information on how the Domestic Abuse Act 2021 may apply when a parent believes that parental alienation is occurring. "Parental alienation" refers to situations where one parent (often the custodial or resident parent) intentionally influences a child to reject the other parent without a valid reason. This guidance will help you understand the steps you can take under the Domestic Abuse Act 2021 if you think you are being unfairly kept from your child due to such alienating behaviours.

1. Understanding Parental Alienation and the Domestic Abuse Act 2021

The Domestic Abuse Act 2021 was introduced to protect people from various forms of abuse. This includes controlling or coercive behaviour, which may be relevant if a parent is using their influence to damage the relationship between a child and the other parent. In cases of parental alienation, such actions could be considered under the Act if they cause psychological harm to the child and/or the alienated parent.

Key Points in the Act:

• Abusive Behaviour: The Act defines abuse to include not just physical harm but also emotional and psychological abuse.

• Controlling or Coercive Behaviour: This includes actions that restrict a person’s freedom or manipulate a child against another parent.

• Children as Victims: The Act specifically recognises children as victims of abuse if they witness or experience the effects of abusive behaviour between parents. This can include speaking negatively about the other parent to the child or others in a manner likely to harm the relationship the child has with the other parent.

2. How Parental Alienation May Be Seen as Abuse Under the Act

If one parent (referred to as "Person P" in the Act) is taking steps to prevent a child from having a relationship with the other parent (without a legal basis for doing so), this may fall under controlling or coercive behaviour:

• Isolating the child from the other parent without a valid reason.

• Manipulating the child to reject or fear the other parent.

• Interfering with communication between the child and the non-resident parent.

If these actions cause emotional harm to you or your child, they may meet the definition of abusive behaviour under the Domestic Abuse Act 2021.

3. Applying for a Domestic Abuse Protection Order (DAPO) for Parental Alienation

A Domestic Abuse Protection Order (DAPO) is a legal tool you can apply for if you believe you or your child need protection from abusive behaviours, including parental alienation. Here are the steps to take:

1. Collect Evidence of Parental Alienation:

   • Document any instances where the other parent has prevented contact or limited your relationship with your child without good cause.

   • Save messages or emails that show the other parent’s behaviour that could be considered controlling or manipulative.

   • Record interactions with the child or the other parent that show attempts to undermine your relationship with the child.

2. Submit Your Application:

   • File a request for a DAPO with your local Family Court, explaining how the other parent’s actions amount to coercive control or emotional abuse. This can include manipulating or preventing your child from spending time with you, especially if it harms your child's well-being.

   • You do not need a lawyer to apply for a DAPO but having your evidence ready and organised is essential. If an application is unclear or lacks clear evidence then it will be rejected.

3. Prepare for the Court Hearing:

   • You will attend a hearing, where you should present your evidence. Clearly explain how the other parent’s actions are harming your relationship with your child and causing emotional or psychological harm.

4. Legal Aid

o    Legal aid is available for civil representation for victims applying for an order and for representing the respondent in criminal courts, subject to means and merits tests.

o    As a protective order, DAPOs could be added to the list of accepted evidence of domestic abuse and could therefore be used by the applicant to apply for Legal Aid in private family law disputes, subject to means and merits tests.

4. How the Court May Respond

If the court finds that the behaviour of the other parent is abusive under the Domestic Abuse Act, it may issue a DAPO. This order could:

• Prohibit the abusive parent from interfering with your scheduled contact with the child.

• Set conditions that require the abusive parent to refrain from behaviours that undermine your relationship with the child.

• Protect the child from further psychological harm, as the court recognizes children as victims of domestic abuse if they are impacted by abusive behaviour.

5. Reporting Violations of a DAPO

If the abusive parent breaks the conditions of a DAPO, it is important to:

• Report any breaches immediately to the police. Violating a DAPO can lead to penalties, including possible arrest.

6. Support Resources

While you can represent yourself in court, support organisations for parents dealing with parental alienation can provide valuable help and guidance. These organisations can also connect you with community resources to support both you and your child through this process.