T( A Child) (s9(6) Children Act 1989 orders: Exceptional Circumstances: Parental Alienation), Re

T( A Child) (s9(6) Children Act 1989 orders: Exceptional Circumstances: Parental Alienation), Re

Given the findings of long-term parental alienation by the mother, but also the entrenched wishes and feelings of T, the court finds it is in T's best interests for contact with the father to continue until his 16th birthday, but not beyond, as compelling contact after that age would be futile and contrary to his wishes.

Parties
Applicant/mother: Ms B; Respondent/father: Mr H
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Children Act Proceedings (contact/residence) / Final Judgment After Appeal and Rehearing
Outcome
Contact order to continue until T's 16th birthday, not beyond; section 91(14) order made until T is 18; mid-week contact to stop; other contact as previously ordered; no order for contact beyond 16.
Legal Topics
Child Arrangements Orders, Parental Alienation, Section 9(6) Children Act 1989, Contact Orders, Exceptional Circumstances
Family Law Children Law Child Arrangements Orders Parental Alienation Section 9(6) Children Act 1989 Contact Orders Exceptional Circumstances

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Parties

Ms B

Applicant/mother

Mr H

Respondent/father

Procedural Posture

Children Act Proceedings (contact/residence) / Final Judgment After Appeal and Rehearing

Legal Issues

  1. 1 Whether contact between T and the father should continue and in what form
  2. 2 Whether contact order should extend beyond T's 16th birthday under section 9(6) Children Act 1989
  3. 3 Assessment of parental alienation and emotional harm

Ratio Decidendi

Given the findings of long-term parental alienation by the mother, but also the entrenched wishes and feelings of T, the court finds it is in T's best interests for contact with the father to continue until his 16th birthday, but not beyond, as compelling contact after that age would be futile and contrary to his wishes.

Court Disposition

Contact order to continue until T's 16th birthday, not beyond; section 91(14) order made until T is 18; mid-week contact to stop; other contact as previously ordered; no order for contact beyond 16.

Orders

  • Contact between T and father to continue as previously ordered until T's 16th birthday.
  • Contact order ceases at T's 16th birthday; no exceptional circumstances to extend beyond.