GG (A Girl) & Anor, Re (Rev1) [2024] EWFC 101 (B) (10 January 2024)

GG (A Girl) & Anor, Re (Rev1) [2024] EWFC 101 (B) (10 January 2024)

The court found that the children had suffered significant emotional harm due to the father's alienating behaviour and domestic abuse, but their wishes to have no contact with their mother were entrenched and proceedings had caused them further distress. While therapy was recommended, there was no realistic prospect of progress without the father's support. The court determined that the threshold for a section 37 report was met due to ongoing emotional harm, and ordered the local authority to investigate and report, rather than ending proceedings immediately.

Citation
[2024] EWFC 101 (B)
Parties
Applicant Mother: AXX; Respondent Father: AXY; Second and Third Respondent Children: GG and BB (acting through their Children's Guardian EM)
Jurisdiction
England and Wales
Judgment Date
10 January 2024
Procedural Posture
Private Law Children Proceedings Under the Children Act 1989 / Final Hearing Following Fact Finding and Expert Evidence
Outcome
Proceedings to continue; local authority directed to prepare a section 37 report.
Legal Topics
Child Arrangements, Parental Alienation, Domestic Abuse, Section 37 Children Act 1989, Welfare Checklist, Contact Orders
Family Law Child Law Child Arrangements Parental Alienation Domestic Abuse Section 37 Children Act 1989 Welfare Checklist Contact Orders

Case Brief

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Parties

AXX

Applicant Mother

AXY

Respondent Father

GG and BB (acting through their Children's Guardian EM)

Second and Third Respondent Children

Procedural Posture

Private Law Children Proceedings Under the Children Act 1989 / Final Hearing Following Fact Finding and Expert Evidence

Legal Issues

  1. 1 Whether to end proceedings or direct a section 37 report for local authority intervention
  2. 2 Whether the children's welfare requires further attempts to restore relationship with mother
  3. 3 Impact of father's alienating behaviour and domestic abuse on children

Ratio Decidendi

The court found that the children had suffered significant emotional harm due to the father's alienating behaviour and domestic abuse, but their wishes to have no contact with their mother were entrenched and proceedings had caused them further distress. While therapy was recommended, there was no realistic prospect of progress without the father's support. The court determined that the threshold for a section 37 report was met due to ongoing emotional harm, and ordered the local authority to investigate and report, rather than ending proceedings immediately.

Court Disposition

Proceedings to continue; local authority directed to prepare a section 37 report.

Orders

  • Local authority to prepare and file a section 37 Children Act 1989 report on the children's circumstances and possible need for intervention.
  • Children to remain living with their father; no direct contact with mother ordered at this stage.