B v C & Anor

B v C & Anor

Mother's persistent hostile and obstructive conduct has caused emotional harm to A and is likely to continue, undermining A's relationship with her Father. The welfare checklist analysis supports moving A's principal home to her Father to prevent further harm, outweighing short-term disruption.

Parties
Father: B; Mother: C; Child: A
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Children Act Proceedings / Final Judgment and Order
Outcome
A is to move to live with her Father from the new school term in January; contact with Mother to mirror previous arrangements with Father unless parties agree otherwise.
Legal Topics
Child Arrangements, Parental Alienation, Contact Enforcement, Residence, Welfare Checklist

Case Brief

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Parties

B

Father

C

Mother

A

Child

Procedural Posture

Children Act Proceedings / Final Judgment and Order

  1. 1 Whether A should continue to reside with her Mother or move to live with her Father
  2. 2 Whether Mother's conduct has caused emotional harm to A
  3. 3 Whether Mother's allegations against Father are substantiated

Ratio Decidendi

Mother's persistent hostile and obstructive conduct has caused emotional harm to A and is likely to continue, undermining A's relationship with her Father. The welfare checklist analysis supports moving A's principal home to her Father to prevent further harm, outweighing short-term disruption.

Court Disposition

A is to move to live with her Father from the new school term in January; contact with Mother to mirror previous arrangements with Father unless parties agree otherwise.

Orders

  • A to reside with Father from January school term.
  • Mother to have contact with A on same terms as Father previously had, subject to further submissions on detail.