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21 June 2024
Issue: 8076 / Categories: Legal News , Family , Child law , Divorce
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NLJ this week: Call the psychologists before using the ‘parental alienation’ label

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‘Parental alienation’ is a term familiar to all professionals involved in child contact cases―but is it being too quickly applied or used as a default position? Could it mask possible welfare issues?

In this week’s NLJ, Jane Chanot, director, The Family Law Company, addresses these important questions.

The term is generally used for what was previously referred to as ‘implacable hostility’ and describes a situation where one parent turns their child against the other parent.

Chanot highlights the need for appropriate psychological assessment to avoid unfair labelling, warning potential child safety or child abuse risks could otherwise remain undiscovered. She provides a case study illustrating the harm that can result, and notes the increasing number of children cases coming before the courts where one or both parties are litigants in person.

Chanot writes: ‘A parent with primary care can find themselves labelled early on in a case, which in turn leads to other labels, with these labels requiring clinical interventions before they can be reversed… What starts as an accusation, without the right exploration, can become the basis of a decision and basis for contact.’

Issue: 8076 / Categories: Legal News , Family , Child law , Divorce
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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