F v M & Anor [2024] EWFC 315 (B) (24 January 2024)

F v M & Anor [2024] EWFC 315 (B) (24 January 2024)

The court found that the mother’s implacable hostility towards the father, her inability to safeguard P from emotional harm and risk of sexual exploitation, and her failure to support P’s relationship with the father had caused significant harm to P. The expert evidence was preferred over the mother’s and social workers’ reports of P’s wishes, as P’s views were found to be heavily influenced by the mother’s behaviour and emotional immaturity. The only way to protect P’s welfare and provide her with the opportunity for healthy relationships and development was to transfer residence to the father, with supervised contact to the mother.

Citation
[2024] EWFC 315 (B)
Parties
Applicant Father: F; First Respondent Mother: M; Second Respondent Child: P
Jurisdiction
England and Wales
Judgment Date
24 January 2024
Procedural Posture
Private Law Children Proceedings (children Act 1989) / Combined Fact Finding and Final Hearing
Outcome
Residence of P transferred to the father; supervised contact to the mother; review hearing ordered.
Legal Topics
Child Arrangements, Parental Responsibility, Welfare of the Child, Parental Alienation, Fact Finding Hearings, Expert Evidence, Section 91(14) Orders
Family Law Child Arrangements Parental Responsibility Welfare of the Child Parental Alienation Fact Finding Hearings Expert Evidence Section 91(14) Orders

Case Brief

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Parties

F

Applicant Father

M

First Respondent Mother

P

Second Respondent Child

Procedural Posture

Private Law Children Proceedings (children Act 1989) / Combined Fact Finding and Final Hearing

Legal Issues

  1. 1 Whether the child P should reside with the father or mother
  2. 2 Whether the child's wishes and feelings should be determinative
  3. 3 Whether the mother has engaged in alienating behaviours or emotional abuse

Ratio Decidendi

The court found that the mother’s implacable hostility towards the father, her inability to safeguard P from emotional harm and risk of sexual exploitation, and her failure to support P’s relationship with the father had caused significant harm to P. The expert evidence was preferred over the mother’s and social workers’ reports of P’s wishes, as P’s views were found to be heavily influenced by the mother’s behaviour and emotional immaturity. The only way to protect P’s welfare and provide her with the opportunity for healthy relationships and development was to transfer residence to the father, with supervised contact to the mother.

Court Disposition

Residence of P transferred to the father; supervised contact to the mother; review hearing ordered.

Orders

  • P to live with the father forthwith.
  • Mother to have supervised contact for a period of at least 3 months, with review thereafter.