GG & Anor, Re

GG & Anor, Re

The court found that the children have suffered and are likely to suffer significant emotional harm due to the father's alienating behaviours and ongoing denigration of the mother, meeting the threshold for a section 37 investigation. Despite the children's clear wishes, the court determined that further investigation by the local authority is necessary to explore any possible intervention to address the entrenched harm and parental alienation, as all other private law remedies have failed and the welfare of the children remains at risk.

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
07 January 2024
Procedural Posture
Private Law Children Proceedings Under the Children Act 1989 / Final Hearing With Judgment and Directions for Section 37 Report
Outcome
Application adjourned for section 37 report; no final order on contact; children remain with father.
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

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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 With Judgment and Directions for Section 37 Report

Legal Issues

  1. 1 Whether to end proceedings or direct a section 37 investigation by the local authority
  2. 2 Whether the children have suffered or are at risk of significant harm in the care of their father
  3. 3 Whether the mother poses a continuing risk to the children

Ratio Decidendi

The court found that the children have suffered and are likely to suffer significant emotional harm due to the father's alienating behaviours and ongoing denigration of the mother, meeting the threshold for a section 37 investigation. Despite the children's clear wishes, the court determined that further investigation by the local authority is necessary to explore any possible intervention to address the entrenched harm and parental alienation, as all other private law remedies have failed and the welfare of the children remains at risk.

Court Disposition

Application adjourned for section 37 report; no final order on contact; children remain with father.

Orders

  • Local authority to prepare a section 37 Children Act 1989 report.
  • Father not to travel abroad with the children until next summer, subject to review after local authority report.