What is parental alienation?
Parental alienation is where one parent adversely influences their child in a way that causes the child to develop hostile feelings towards the other parent for no valid reason.
Examples of behaviour that can lead to parental alienation can range from frowning or ignoring the child whenever the other parent is mentioned, to one parent bad mouthing the other parent. Behaviour that can cause parental alienation is in essence, anything that causes the child to perceive the other parent in a negative light, such as one parent encouraging the child to be disrespectful towards or behave badly towards the other parent, lying to the child to make the other parent appear in a negative light or not passing on telephone messages or gifts.
It should be noted that the court has absolute discretion to make any order it sees as necessary when considering the arrangements for children and therefore if the court determines that there has been parental alienation it can make an order to alter the amount of time that the child spends with each parent, or it can in exceptional cases make an order changing which parent the child lives with.
Related FAQs
Employees on any type of employment contract including full-time, part-time, agency, flexible or zero hours and foreign nationals who are eligible to work in the UK on any visa can be furloughed subject to the following excluded categories:
- Anyone who was not employed prior to 30 October 2020
- Anyone for whom you haven’t made a PAYE Real Time Information submission to HMRC between 20 March 2020 and 30 October 2020.
- Employees who are working but on reduced hours or for reduced pay
- Employees currently receiving SSP (see FAQ on SSP and self-isolation below)
- Public sector employees
- Employees of businesses or organisations in receipt of public funding for staff costs (except for those who are not primarily funded by the government and whose staff cannot be redeployed to assist with the Covid-19 response)
Yes. The Inheritance (Provision for Family and Dependants Act) 1975 (more commonly known simply as the “1975 Act”) allows certain categories of people to apply to the court for an order for what is known as “reasonable financial provision” in the event that they are either not provided for, or not provided for sufficiently, within a testator’s Will.
A new employer may claim under the scheme in respect of the employees of a previous business transferred after 10 June 2020 as long as:
- the TUPE or PAYE business succession rules apply to the change in ownership
- the employees being claimed have previously had a claim submitted for them by their prior employer in relation to a furlough period of at least 3 consecutive weeks taking place any time between 1 March 2020 and 30 June
In these circumstances, the maximum number of employees that the new employer can claim for will be the total of both:
- the maximum number of employees the new employer claimed for in any one claim ending on or before 30 June
- the number of employees that are being transferred to the new employer which have had a claim submitted for them in relation to a furlough period of at least 3 consecutive weeks taking place any time between 1 March 2020 and 30 June. This is subject the maximum cap the previous employer was subject to.
A new employer is also eligible to claim under scheme in respect of the employees associated with a transfer of a business after 10 June 2020 from the liquidator of a company in compulsory liquidation where:
- TUPE would have applied were it not for the company being in compulsory liquidation
- the employees being claimed for have been furloughed and a had a claim submitted for them by their prior employer in relation to a period of at least 3 consecutive weeks taking place any time between 1 March 2020 and 30 June
In these circumstances, the maximum number of employees that the new employer can claim for will be the total of both:
- the maximum number of employees the new employer claimed for in any one claim ending on or before 30 June and
- the number of employees that are being transferred to the new employer which have had a claim submitted for them by their prior employer in relation to a furlough period of at least 3 consecutive weeks taking place any time between 1 March 2020 and 30 June. This is subject to the maximum cap the previous employer was subject to.
Yes.
Workers (and agency workers) who are aware of the requirement to self-isolate and are due to work during their isolation period at a place other than their designated place (see below) must, as soon as reasonably practicable and in any event before they are next due to start work within the isolation period, tell their employer that they are self-isolating, and set out the start and end dates of their isolation period.
Clear communication to all workers about their obligation to do this is strongly recommended.
Whilst the law does not prevent people from trying to persuade a testator from distributing their assets in a certain way under their Will, the court will intervene if a person has effectively coerced a testator into making a particular Will. In other words, the testator’s own judgment effectively has to have been overridden by the person who has manipulated them into making a particular Will.
To determine whether there has been any improper influence requires thorough consideration of the evidence of the solicitor or Will maker who was involved in the preparation of the Will and the witness evidence of other people who were involved in the testator’s life.