Mother v Father & Anor

Mother v Father & Anor

The court found that the father had engaged in a longstanding pattern of alienating behaviour, emotionally harming Eve and her siblings, and repeatedly breaching court orders. The only way to protect Eve's welfare and her right to a meaningful relationship with her mother was to transfer residence to the mother,...

Source-derived case information.

Parties
Applicant: A Mother; Respondent: A Father; Respondent: Child (Eve) via the Guardian
Jurisdiction
England and Wales
Judgment Date
23 November 2024
Procedural Posture
Children Act Private Law Proceedings / Final Judgment and Postscript/final Orders
Outcome
Residence of Eve transferred to the mother; final child arrangements and prohibited steps orders made; s.91(14) order restricting further applications for 5 years; direct contact with father prohibited; indirect contact via video calls permitted.
Legal Topics
Residence Orders, Parental Alienation, Contact Arrangements, Change of Residence, Enforcement of Orders, Welfare of the Child
Family Law Child Law Residence Orders Parental Alienation Contact Arrangements Change of Residence Enforcement of Orders Welfare of the Child

Source-derived case record

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Parties

A Mother

Applicant

A Father

Respondent

Child (Eve) via the Guardian

Respondent

Procedural Posture

Children Act Private Law Proceedings / Final Judgment and Postscript/final Orders

Legal Issues

  1. 1 Whether Eve's residence should be transferred from her father to her mother
  2. 2 Whether the father's conduct amounts to parental alienation and emotional harm
  3. 3 What contact arrangements are in Eve's best interests

Ratio Decidendi

The court found that the father had engaged in a longstanding pattern of alienating behaviour, emotionally harming Eve and her siblings, and repeatedly breaching court orders. The only way to protect Eve's welfare and her right to a meaningful relationship with her mother was to transfer residence to the mother, despite the distress this would cause Eve in the short term. The father's conduct made it clear he would not support or facilitate Eve's relationship with her mother if she remained in his care.

Court Disposition

Residence of Eve transferred to the mother; final child arrangements and prohibited steps orders made; s.91(14) order restricting further applications for 5 years; direct contact with father prohibited; indirect contact via video calls permitted.

Orders

  • Eve to live with her mother as of 3 May 2023.
  • Indirect supervised video contact between Eve and father for four weeks, then supervised contact via ICFA.