GB (Parental Alienation: Factual Findings), Re

GB (Parental Alienation: Factual Findings), Re

The court found the mother’s allegations of coercive and controlling behaviour, emotional and physical abuse, financial control, and sexual abuse (rape and voyeurism) by the father proved on the balance of probabilities, except for the sextortion email. The court found no evidence of the mother alienating the children or instructing them to speak negatively about the father. The children’s rejection of the father was a justifiable response to his abusive conduct. The father’s allegations against the mother were not proved. The mother was awarded her costs from 30 August 2023 to date due to the father’s unreasonable and reprehensible conduct in the litigation.

Parties
Applicant: A Mother; 1st Respondent: A Father; 2nd and 3rd Respondents: The Children ‘G’ and ‘B’ through their Rule 16.4 Guardian
Jurisdiction
England and Wales
Judgment Date
04 May 2024
Procedural Posture
Children Act and Family Law Act Proceedings (fact Finding Hearing) / Fact Finding Judgment and Costs Order
Outcome
Mother’s allegations (except sextortion) proved; father’s allegations dismissed; costs awarded to mother.
Legal Topics
Parental Alienation, Coercive and Controlling Behaviour, Child Arrangements, Domestic Abuse, Fact Finding Hearings, Costs Orders
Family Law Child Law Domestic Violence Parental Alienation Coercive and Controlling Behaviour Child Arrangements Domestic Abuse Fact Finding Hearings +1 more

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Parties

A Mother

Applicant

A Father

1st Respondent

The Children ‘G’ and ‘B’ through their Rule 16.4 Guardian

2nd and 3rd Respondents

Procedural Posture

Children Act and Family Law Act Proceedings (fact Finding Hearing) / Fact Finding Judgment and Costs Order

Legal Issues

  1. 1 Whether the father engaged in coercive and controlling behaviour towards the mother and children
  2. 2 Whether the mother alienated the children from the father
  3. 3 Whether the father committed acts of domestic and sexual abuse

Ratio Decidendi

The court found the mother’s allegations of coercive and controlling behaviour, emotional and physical abuse, financial control, and sexual abuse (rape and voyeurism) by the father proved on the balance of probabilities, except for the sextortion email. The court found no evidence of the mother alienating the children or instructing them to speak negatively about the father. The children’s rejection of the father was a justifiable response to his abusive conduct. The father’s allegations against the mother were not proved. The mother was awarded her costs from 30 August 2023 to date due to the father’s unreasonable and reprehensible conduct in the litigation.

Court Disposition

Mother’s allegations (except sextortion) proved; father’s allegations dismissed; costs awarded to mother.

Orders

  • Findings of fact as per the mother’s allegations (except sextortion email)
  • Father to pay mother’s costs of £50,445.40 within 21 days