{"type":"rich","version":"1.0","provider_name":"Transistor","provider_url":"https://transistor.fm","author_name":"Talking Family Law - The Resolution Podcast","title":"The Three Rs: Reluctance, Resistance and Refusal","html":"","width":"100%","height":180,"duration":5641,"description":"This episode is a strong start to the year.  It is essential listening for all professionals working with separating families.  We are joined by Jenny Beck KC (Beck Fitzgerald) , Dr Jamie Craig (Consultant Clinical Psychologist) and Zoe Fleetwood (Mills & Reeve) to discuss children that are reluctant, resistant or refusing to see the other parent, as well as parents engaging in psychological manipulation of their children by alienating behaviour. We examine the Family Justice Council guidance in this area. The report is both erudite and succient at only 30 pages long and should be read by everyone involved in this field:https://www.judiciary.uk/wp-content/uploads/2024/12/Family-Justice-Council-Guidance-on-responding-to-allegations-of-alienating-behaviour-2024-1-1.pdf Zoe reminds of what has happened in the last 10 years to lead us here from PD12J, to the presumption in favour of a parent’s involvement which was inserted into the Children Act in 2014, LASPO which removed legal aid, the Domestic Abuse Act, Re HN , RE C [2023] EWHC 345 (Fam), Re S (Parental Alienation: Cult) : [2020] EWCA Civ 568 https://www.judiciary.uk/wp-content/uploads/2020/04/re-s-a-child-judgment290420.pdf, the Harm report from 2020, and the Domestic Commissioner’s Abuse Commissioners report of 2023https://domesticabusecommissioner.uk/wp-content/uploads/2023/07/DAC_Family-Court-Report-_2023_Digital.pdf. Zoe concludes with the case of Re (Parental Alienation: Factual Findings) [2024] EWFC 75 which maybe an example of the Court starting to change coursehttps://www.bailii.org/ew/cases/EWFC/OJ/2024/75.html Jenny reminds us that there are three elements that a Court needs to find before concluding there have been alienating behaviours:There must actually be a child who is reluctant, refusing or resistant to engage in a relationship with a parent;That reluctant, refusal or resistant must be as a result of something other than appropriate justified rejection, or caused by alignment, affinity or...","thumbnail_url":"https://img.transistorcdn.com/6KLL2IpaFH3iBShZ7ocYn8lY8fxSACTIJV16OjWXP6U/rs:fill:0:0:1/w:400/h:400/q:60/mb:500000/aHR0cHM6Ly9pbWct/dXBsb2FkLXByb2R1/Y3Rpb24udHJhbnNp/c3Rvci5mbS9zaG93/LzE5Mjc0LzE2MTcy/NzQ4OTQtYXJ0d29y/ay5qcGc.webp","thumbnail_width":300,"thumbnail_height":300}