B v C (private law - allegation of parental alienation)[2021] EWFC B61 (06 September 2021)

B v C (private law - allegation of parental alienation)[2021] EWFC B61 (06 September 2021)

The court found no evidence that the mother deliberately alienated A from his father. A's reluctance to spend time with his father is informed by his own experiences, particularly the father's rigid and dogmatic approach, lack of self-reflection, and inability to acknowledge A's voice. The evidence does not support a finding of parental alienation by the mother. The welfare of A requires a revised contact arrangement, not enforcement or transfer of residence. A section 91(14) order is justified to prevent further litigation and strain on A.

Citation
[2021] EWFC B61
Parties
Applicant (mother): B; Respondent (father): C; Child (subject): A
Jurisdiction
England and Wales
Judgment Date
06 September 2021
Procedural Posture
Private Law Children Proceedings (children Act 1989) / Final Judgment After Contested Hearing
Outcome
Application to vary child arrangements order granted; enforcement and compensation applications dismissed; section 91(14) order made.
Legal Topics
Child Arrangements Order, Parental Alienation, Enforcement of Orders, Section 91(14) Orders, Welfare of the Child
Family Law Child Law Child Arrangements Order Parental Alienation Enforcement of Orders Section 91(14) Orders Welfare of the Child

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Parties

B

Applicant (mother)

C

Respondent (father)

A

Child (subject)

Procedural Posture

Private Law Children Proceedings (children Act 1989) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the existing child arrangements order should be varied due to A's reluctance to spend time with his father
  2. 2 Whether the mother has alienated A from his father
  3. 3 Whether enforcement or compensation orders should be made against the mother for alleged breaches

Ratio Decidendi

The court found no evidence that the mother deliberately alienated A from his father. A's reluctance to spend time with his father is informed by his own experiences, particularly the father's rigid and dogmatic approach, lack of self-reflection, and inability to acknowledge A's voice. The evidence does not support a finding of parental alienation by the mother. The welfare of A requires a revised contact arrangement, not enforcement or transfer of residence. A section 91(14) order is justified to prevent further litigation and strain on A.

Court Disposition

Application to vary child arrangements order granted; enforcement and compensation applications dismissed; section 91(14) order made.

Orders

  • Revised child arrangements order: A to spend time with his father twice weekly for short contact, with the hope of progression to overnight and holidays.
  • No enforcement or compensation orders against the mother.