R (A Child), Re [2009] EWHC B38 (Fam) (06 November 2009)

R (A Child), Re [2009] EWHC B38 (Fam) (06 November 2009)

The court found that the mother's inability or unwillingness to promote R's relationship with his father, and the resulting emotional harm and alienation, constituted significant harm under the Children Act. The evidence established that only a change of residence to the father and S would give R the opportunity to...

Source-derived case information.

Citation
[2009] EWHC B38 (Fam)
Parties
Father: I; Mother: J; Stepmother: S; Child: R; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
06 November 2009
Procedural Posture
Child Residence and Contact Dispute / Final Hearing and Judgment
Outcome
Residence of R transferred to father and stepmother S; joint residence order made; contact to mother ordered; section 91(14) restriction imposed.
Legal Topics
Residence Orders, Contact Orders, Parental Alienation, Welfare of the Child, Change of Residence, Section 91(14) Children Act
Family Law Child Law Residence Orders Contact Orders Parental Alienation Welfare of the Child Change of Residence Section 91(14) Children Act

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Parties

I

Father

J

Mother

S

Stepmother

R

Child

Guardian

Guardian

Procedural Posture

Child Residence and Contact Dispute / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to transfer residence of R from mother to father
  2. 2 Whether to make a joint residence order including stepmother S
  3. 3 Whether the mother's conduct amounts to significant harm under the Children Act

Ratio Decidendi

The court found that the mother's inability or unwillingness to promote R's relationship with his father, and the resulting emotional harm and alienation, constituted significant harm under the Children Act. The evidence established that only a change of residence to the father and S would give R the opportunity to develop a healthy relationship with both parents. The court determined that, despite the short-term distress, the long-term welfare of R required a transfer of residence, with appropriate contact to the mother and a section 91(14) restriction to end litigation.

Court Disposition

Residence of R transferred to father and stepmother S; joint residence order made; contact to mother ordered; section 91(14) restriction imposed.

Orders

  • Joint residence order to father and S
  • R to live with father and S