RS v SS [2013] EWHC B33 (Fam) (23 December 2013)

RS v SS [2013] EWHC B33 (Fam) (23 December 2013)

The mother's conduct has undermined the children's relationship with their father, failed to prioritise their educational needs, and used contact as leverage for financial demands. The evidence demonstrates emotional abuse and alienation. The welfare of the children requires a change of residence to the father, who...

Source-derived case information.

Citation
[2013] EWHC B33 (Fam)
Parties
Applicant (father): RS; Respondent (mother): SS; Child: AB; Child: CD
Jurisdiction
England and Wales
Judgment Date
23 December 2013
Procedural Posture
Application for Transfer of Residence (children) / Final Hearing
Outcome
Residence order granted to father; transfer of residence from mother to father
Legal Topics
Residence Orders, Contact Disputes, Parental Alienation, Emotional Abuse, Educational Neglect
Family Law Child Law Residence Orders Contact Disputes Parental Alienation Emotional Abuse Educational Neglect

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Parties

RS

Applicant (father)

SS

Respondent (mother)

AB

Child

CD

Child

Procedural Posture

Application for Transfer of Residence (children) / Final Hearing

Legal Issues

  1. 1 Whether residence should be transferred from mother to father
  2. 2 Whether the mother has alienated the children from the father
  3. 3 Whether the mother has failed to meet the children's educational and emotional needs

Ratio Decidendi

The mother's conduct has undermined the children's relationship with their father, failed to prioritise their educational needs, and used contact as leverage for financial demands. The evidence demonstrates emotional abuse and alienation. The welfare of the children requires a change of residence to the father, who is better able to meet their emotional, social, and educational needs and will promote contact with the mother.

Court Disposition

Residence order granted to father; transfer of residence from mother to father

Orders

  • Residence order in favour of father
  • Contact order for mother