British Columbia Law

How BC Courts Deal With Parental Alienation

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

Parental alienation — when one parent systematically undermines a child's relationship with the other parent — is among the most serious issues BC family courts address. While the term is contested in some professional circles, the underlying conduct it describes is legally significant and can have profound consequences for a parent who engages in it.

What Parental Alienation Means in BC Law

The Family Law Act does not use the phrase "parental alienation" but its provisions make clear that facilitating a child's relationship with both parents is a core obligation.

Section 37(2)(g) of the FLA directs courts considering parenting arrangements to take into account "the ability and willingness of each person to exercise their responsibilities as a parent and to cooperate with the other guardians." Section 37(2)(h) specifically includes "the impact of family violence on the child and on the ability and willingness of the person who engaged in the family violence to care for the child."

More directly, section 37(2)(f) requires courts to consider "the child's relationship with parents, grandparents, and other important people." A parent who actively damages that relationship is working against the legal standard.

How Courts Identify Alienating Behaviour

Courts look at a pattern of behaviour rather than isolated incidents. Alienating conduct can include:

• Consistently speaking negatively about the other parent to or in front of the child
• Coaching the child to make false allegations
• Obstructing or cancelling the other parent's parenting time without valid reason
• Refusing to tell the other parent about school, medical, or extracurricular events
• Intercepting communications between the child and the other parent
• Making the child feel guilty about enjoying time with the other parent
• Encouraging the child to call a new partner "mom" or "dad" to replace the other parent

Courts rely on direct evidence: texts, emails, recordings (lawfully made), the child's own statements, and the evidence of teachers, doctors, and counsellors.

The Role of Section 211 Reports

Where alienation is alleged, courts frequently order a section 211 report under the Family Law Act. A trained assessor — typically a psychologist or registered clinical counsellor — interviews both parents, the child, and sometimes third parties. They observe parent-child interactions and provide the court with an independent expert assessment.

A section 211 report that documents alienating conduct is powerful evidence.

Parenting Coordinators

In entrenched high-conflict parenting situations, a parenting coordinator (PC) can be appointed under FLA s.15. The PC makes binding day-to-day decisions about parenting and can document patterns of non-compliance that support future court applications.

What Remedies Are Available

BC courts have a range of tools to address proven alienating conduct:

1. Variation of parenting time: increasing the targeted parent's parenting time to rebuild the relationship
2. Supervised contact for the alienating parent: if alienating conduct is ongoing and severe
3. Reversal of primary residence: in serious cases, the child may be moved to live primarily with the targeted parent
4. Contempt of court: if a court order about parenting time or communication is being violated
5. Costs orders: courts can require the alienating parent to pay the legal costs of the targeted parent

The remedies imposed depend on the severity of the alienation, the strength of the evidence, and the child's age and expressed views.

What Not to Do

If you suspect you are the target of parental alienation, avoid these common mistakes:

• Do not deny the child's expressed reluctance to visit — courts see this as evidence the child needs the visit more, not less
• Do not withhold your own parenting time without a court order authorizing it
• Do not make counter-allegations that look retaliatory without solid evidence
• Document everything — dates, times, what happened, what the child said
• Do not use the child as a messenger or ask them to report on the other parent's home

The Child's Voice

Under FLA s.37, courts must consider the views of the child in proportion to their age and maturity. An older teenager's strong preference will carry more weight. However, courts are also aware that a child expressing complete rejection of a parent — particularly when that rejection emerged suddenly after moving to the other parent's home — may be a product of alienation rather than an authentic preference.

At Sea to Sky Law™

Andrew Liggett BA JD CD has extensive experience representing targeted parents in BC parental alienation cases. If you are concerned about your relationship with your child being undermined, contact us for a confidential intake consultation.

*This article is general information about BC family law. It is not legal advice. Please consult a BC family lawyer about your specific situation.*

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.