RH (Parental Alienation)

The only means by which H can have a full relationship with both parents and avoid further emotional and social harm is to transfer residence to the father; the mother has alienated H from the father, and all other options would fail to restore the relationship or protect H's welfare.

Parties: Applicant/father: PA; 1st Respondent/mother: TT; 2nd Respondent/child: H (A Child by way of 16.4 Children’s Guardian)
Jurisdiction: England and Wales
Judgment Date: 03 October 2019
Procedural Posture: Private Law Children Proceedings (child Arrangements Order) / Final Judgment
Outcome: Application granted; residence transferred to father.
Legal Topics: Parental Alienation, Child Arrangements Order, Welfare Principle, Change of Residence, Contact With Non Resident Parent

Family Law Child Law Parental Alienation Child Arrangements Order Welfare Principle Change of Residence Contact With Non Resident Parent

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Parties

Applicant/father

1st Respondent/mother

H (A Child by way of 16.4 Children’s Guardian)

2nd Respondent/child

Procedural Posture

Private Law Children Proceedings (child Arrangements Order) / Final Judgment

Legal Issues

1 Whether the mother has alienated the child from the father
2 Whether a transfer of residence to the father is in the child's welfare best interests
3 Whether direct or indirect contact with the non-resident parent should be ordered

Ratio Decidendi

Court Disposition

Application granted; residence transferred to father.

Orders

Child Arrangements Order that H shall live with his father.
No direct contact with mother for three months; indirect contact as advised by the independent social worker.