A Father v A Mother & Ors

A Father v A Mother & Ors

The court finds the interim threshold criteria are met due to significant emotional harm caused by the mother's parenting style, alienating behaviour, and dysfunctional relationships. An interim care order is necessary and proportionate to ensure the local authority shares parental responsibility and actively supports contact, therapeutic intervention, and monitoring for eight weeks, representing the least interventionist approach consistent with the children's welfare.

Parties
Applicant: A Father; First Respondent: A Mother; Second Respondents: A, B, C and D (BY THEIR CHILDREN’S GUARDIAN JO WHITNELL); Local Authority: Kent County Council
Jurisdiction
England and Wales
Judgment Date
30 September 2025
Procedural Posture
Private Law Children Proceedings / Judgment Following Hearing on S.37 and S.38 Children Act 1989 Directions/orders
Outcome
Interim care orders made for all four children; s.37 direction issued to local authority to undertake further investigation.
Legal Topics
Parental Alienation, Interim Care Orders, Section 37 Children Act 1989, Section 38 Children Act 1989, Threshold Criteria, Emotional Harm, Parental Responsibility, Contact Arrangements
Family Law Child Protection Parental Alienation Interim Care Orders Section 37 Children Act 1989 Section 38 Children Act 1989 Threshold Criteria Emotional Harm +2 more

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Parties

A Father

Applicant

A Mother

First Respondent

A, B, C and D (BY THEIR CHILDREN’S GUARDIAN JO WHITNELL)

Second Respondents

Kent County Council

Local Authority

Procedural Posture

Private Law Children Proceedings / Judgment Following Hearing on S.37 and S.38 Children Act 1989 Directions/orders

Legal Issues

  1. 1 Whether to direct the local authority to undertake a further s.37 investigation
  2. 2 Whether to make interim care or supervision orders under s.38 Children Act 1989
  3. 3 Whether the threshold criteria for interim public law orders are met

Ratio Decidendi

The court finds the interim threshold criteria are met due to significant emotional harm caused by the mother's parenting style, alienating behaviour, and dysfunctional relationships. An interim care order is necessary and proportionate to ensure the local authority shares parental responsibility and actively supports contact, therapeutic intervention, and monitoring for eight weeks, representing the least interventionist approach consistent with the children's welfare.

Court Disposition

Interim care orders made for all four children; s.37 direction issued to local authority to undertake further investigation.

Orders

  • Kent County Council directed to undertake s.37 investigation and report within eight weeks.
  • Interim care orders made for A, B, C, and D under s.38 Children Act 1989 for eight weeks.