A Mother (Appeal: Alienating Behaviours: Fair Procedure), Re

A Mother (Appeal: Alienating Behaviours: Fair Procedure), Re

The finding of parental alienation against the mother was unjust for procedural irregularity as she was not on notice that such a finding would be made, breaching her right to a fair hearing. Additionally, the judge made substantive errors in applying the three-stage approach, failing to adequately address the evidence and reasoning required for such a finding.

Parties
Appellant: A Mother; First Respondent: A Father; Second and Third Respondents: P and Q (By their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
31 March 2026
Procedural Posture
Family Appeal / Judgment on Appeal
Outcome
Appeal allowed on grounds 1 and 3; finding of parental alienation set aside.
Legal Topics
Parental Alienation, Procedural Fairness, Fabrication of Allegations, Child Arrangements, Fact Finding Hearings
Family Law Parental Alienation Procedural Fairness Fabrication of Allegations Child Arrangements Fact Finding Hearings

Case Brief

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Parties

A Mother

Appellant

A Father

First Respondent

P and Q (By their Children’s Guardian)

Second and Third Respondents

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge erred in making findings of parental alienation against the mother
  2. 2 Whether the judge's approach to the mother's credibility/untruthfulness was correct
  3. 3 Whether the judge provided sufficient reasons for findings of alienating behaviours

Ratio Decidendi

The finding of parental alienation against the mother was unjust for procedural irregularity as she was not on notice that such a finding would be made, breaching her right to a fair hearing. Additionally, the judge made substantive errors in applying the three-stage approach, failing to adequately address the evidence and reasoning required for such a finding.

Court Disposition

Appeal allowed on grounds 1 and 3; finding of parental alienation set aside.

Orders

  • Finding of parental alienation set aside.
  • Order of 31 July 2025 amended: second sentence of recital (v) set aside and substituted with: 'The court found that in order to frustrate the father’s contact with the children, the mother had fabricated the allegations 2(a) to (f), and had encouraged Q to make the detailed allegation 1(a).'