Is There a Legal Punishment for Parental Alienation in Australia?

Many parents ask about the legal punishment for parental alienation when they notice a shift in their relationship with their child. What once felt secure may become strained. A child may avoid contact or repeat unfair criticisms that seem unfamiliar. 

When one parent manipulates a child into turning against the other without legitimate reason, this may be seen as parental alienation. While the term is not specifically outlined in the Family Law Act 1975, section 60CC highlights that the child’s best interests are the court’s top priority in parenting decisions. Courts throughout Australia acknowledge that parental alienation is a behaviour that can negatively impact a child’s emotional and psychological wellbeing. 

This article outlines how the legal system addresses parental alienation, what consequences may follow, and how both targeted and accused parents can respond. Understanding the law’s approach is a key step toward protecting your relationship with your child. 

What Is Parental Alienation and How Is It Recognised in Law? 

Parental alienation can begin subtly. A child hesitates at handover, avoids contact, or repeats negative comments about a parent. Over time, these moments may form a pattern where the child’s relationship with one parent deteriorates, not due to neglect or harm, but because of the other parent’s influence. 

Legally, parental alienation involves a pattern of behaviour that unfairly damages a child’s bond with one parent. It may include direct or indirect comments, intentional distancing, or making the child feel guilty for wanting to spend time with the other parent. 

The law prioritises the child’s best interests. When a parent’s actions unfairly interfere with the other parent’s role, the court may intervene to protect the child’s wellbeing. 

Alienation is rarely a single act. Courts assess patterns over time, considering behaviour, communication, and whether the child’s rejection is due to influence or valid concerns. Each case is viewed in full context before decisions are made. 

Is Parental Alienation a Crime in Australia? 

While the behaviour can be damaging, it is not a criminal offence in Australia. It is not defined in the Criminal Code or the Family Law Act, and the police cannot arrest someone for speaking negatively or influencing a child’s views. These issues are handled in family court. 

However, legal consequences still apply. If alienation breaches parenting orders, the court can impose penalties such as make-up time, parenting programs, fines, or in serious cases, jail. 

Some related actions, like false allegations, failing to return a child, or relocating without consent, may break other laws and lead to criminal charges. 

Alienation often develops over time. A parent may not realise the impact of their behaviour, or it may be intentional. The court focuses on the effect on the child, not just the parent’s intent. 

While it is not a crime, proven alienation can lead to life-altering parenting decisions. The focus is never to punish the parent, it is to protect the child’s right to love and be loved by both parents. 

Punishments for Parental Alienation 

Family courts can impose serious legal consequences when parental alienation is proven. These include: 

• Formal warnings or undertakings
  A parent may be required to stop alienating behaviour through a court-issued warning or a written promise (undertaking). 
• Changes to parenting orders
  Courts may reduce the alienating parent’s time with the child or, in extreme cases, transfer primary care to the other parent. 
• Supervised contact
  The court can require that time with the child be supervised by a professional or trusted third party to prevent further harm. 
• Mandatory counselling or therapy
  Parents or children may be ordered to attend parenting programs, family therapy, or individual counselling to support relationship repair. 
• Contravention findings for breaching court orders, which can result in: 
  • Make-up time with the child 
  • Financial penalties 
  • Orders to pay the other party’s legal costs 
  • In rare and severe cases, community service or imprisonment 

The court applies these measures not to punish the parent, but to protect the child from emotional harm and preserve their right to maintain meaningful relationships with both parents. 

How Courts Prove and Assess Parental Alienation

Will the court intervene in parental alienation cases? The answer is yes, and when it does, the consequences can be significant.  

Courts across Australia have recognised parental alienation and issued firm orders in response. These cases show how seriously the court takes behaviour that harms a child’s relationship with a parent. 

• In Rosa v Rosa, the court found that a mother had repeatedly interfered with the father’s contact. Her actions discouraged the child from engaging with him. As a result, primary care was transferred to the father. The mother’s time became limited and closely managed. 
• In Kinsella v Kinsella a father worked to turn the children against their mother. The court found that his influence caused serious emotional harm. The father lost parental responsibility, and the mother was given sole authority over key decisions. 
• In Eames & Eames, the mother’s alienating behaviour was acknowledged, but because the children had long lived with her, a full custody change was seen as too disruptive. Instead, the court ordered family therapy to help rebuild the father–child relationship. 

Each case shows a different approach, but all reflect the court’s commitment to preserving the child’s relationship with both parents. When alienation is proven, the court does not hesitate to act. 

What Alienated Parents Can Do: A Step-by-Step Guide 

When you are being pushed out of your child’s life, it can feel like you are losing them moment by moment. But there are steps you can take, and legal tools designed to help. While alienation is emotionally painful, the legal system offers practical steps to help protect and rebuild the relationship. 

Here is a clear, step-by-step guide for parents who believe they are being alienated: 

1. Document everything
   Keep detailed records of missed visits, last-minute cancellations, or messages that discourage contact. Save emails, text messages, and note key dates and situations. This evidence can help establish a pattern of behaviour. 
2. Seek professional support
   A family therapist or psychologist can assess how the situation is affecting your child and may provide insight that supports your case. These professionals can also offer a safe space for your child to speak openly. 
3. Apply for or enforce parenting orders
   If you do not yet have parenting orders in place, apply to the court to establish them. If existing orders are being breached, file a contravention application to enforce them and request appropriate remedies. 
4. Request intervention in serious cases
   If the relationship has broken down significantly, the court may order counselling or appoint an independent children’s lawyer to represent your child’s best interests. These steps aim to rebuild trust and restore the parent-child connection. 
5. Remain calm and cooperative
   Courts observe how each parent behaves throughout the process. Communicate respectfully, avoid emotional outbursts, and show that you are willing to co-parent in the child’s best interest. 
6. Stay consistently involved
   Even if time with your child is limited, continue to make an effort. Write letters, send messages, and participate in school or extracurricular activities where possible. These actions show that your commitment has not changed. 
7. Get legal advice
   A family lawyer experienced in parental alienation can guide you through the process, help gather strong evidence, and ensure you take the right legal steps to protect your role in your child’s life. 

Although the situation can feel isolating, you are not without support. By taking the right legal steps and remaining consistent in your efforts, it is possible to preserve and even repair your relationship with your child. The law recognises the importance of that bond, and so should every action you take moving forward. 

Advice for Parents Accused of Alienation 

An accusation of parental alienation can feel like a blindside. You may believe you have done nothing wrong, yet suddenly find your role as a parent under scrutiny. Whether the claim has merit or not, it is important to respond calmly, thoughtfully, and within the law. 

1. Take the accusation seriously
   Courts treat alienation as a risk to a child’s wellbeing. If the claim is upheld, you may face reduced parenting time, supervised contact, or a loss of decision-making authority. 
2. Support your child’s relationship with the other parent
   Unless there are genuine safety concerns, encourage contact, stick to agreements, and share important updates. Courts expect cooperation, not conflict. 
3. Seek professional support if your child resists contact
   A counsellor or psychologist can assess the situation and help identify the cause of your child’s reluctance. Early intervention can prevent further damage. 
4. Keep a record of your efforts
   Document attempts to encourage contact, share information, or maintain co-parenting communication. Avoid negative remarks, even in private messages, as they may be brought before the court. 
5. Follow parenting orders
   Comply fully with all court orders. If changes are necessary, request them formally. Courts respect parents who act in the child’s best interest and follow proper legal processes. 
6. Seek legal advice
   A family lawyer can help you understand the claim, prepare your response, and ensure your rights and relationship with your child are protected. 

With the right approach and guidance, it is possible to resolve misunderstandings and rebuild a stable, healthy co-parenting dynamic. 

Resolving Parental Alienation 

Parental alienation is a serious issue, and one that courts are prepared to handle with care. Whether you are a parent who feels unfairly cut off from your child or someone facing an accusation of alienation, the most important step is to act in your child’s best interests and seek proper support. 

If you believe you are being alienated, take action by documenting the behaviour, engaging professional help, and understanding the legal options available to you. If you have been accused, focus on cooperation, clarity, and showing that you are committed to supporting your child’s relationship with both parents. 

In either situation, your response matters. Calm, respectful behaviour and a child-focused approach can influence both the outcome in court and your ongoing relationship with your child. 

Parental alienation is one of the most emotionally complex issues in family law, but you are not alone. An experienced family lawyer can help you protect your relationship with your child and guide you through the steps ahead. If you are ready to act or need answers, we are here to help.