C v P & Ors

C v P & Ors

The court found that the allegations of physical abuse by the paternal grandmother and neglect by the father were not substantiated on the balance of probabilities. The evidence showed that the mother, C, had manipulated the children and alienated them from their father, causing significant emotional harm. The court concluded that it was in the children's best interests to resume contact with their father, with professional support, and that consideration should be given to relocating the children to live with their father if the mother cannot reverse the emotional harm caused.

Parties
Applicant: C; 1st Respondent (father): P; 2nd & 3rd Respondents (children): S & N; Intervener (paternal Grandmother): G
Jurisdiction
England and Wales
Judgment Date
11 April 2017
Procedural Posture
Private Law Children Proceedings Under the Children Act 1989 / Judgment After Fact Finding Hearing
Outcome
Applications by C for cessation of contact and by P for relocation both refused at this stage; contact to resume with professional support; local authority to prepare s37 report; possible future relocation to father if mother cannot reverse harm.
Legal Topics
Child Arrangements, Parental Alienation, Contact Enforcement, Emotional Abuse, Relocation of Children, Welfare of the Child
Family Law Child Law Child Arrangements Parental Alienation Contact Enforcement Emotional Abuse Relocation of Children Welfare of the Child

Case Brief

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Parties

C

Applicant

P

1st Respondent (father)

S & N

2nd & 3rd Respondents (children)

G

Intervener (paternal Grandmother)

Procedural Posture

Private Law Children Proceedings Under the Children Act 1989 / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the paternal grandmother physically abused S in August 2016
  2. 2 Whether P failed to protect S from his grandmother and bullied the children
  3. 3 Whether P neglected to provide adequate medical care to S after an elbow injury in December 2015

Ratio Decidendi

The court found that the allegations of physical abuse by the paternal grandmother and neglect by the father were not substantiated on the balance of probabilities. The evidence showed that the mother, C, had manipulated the children and alienated them from their father, causing significant emotional harm. The court concluded that it was in the children's best interests to resume contact with their father, with professional support, and that consideration should be given to relocating the children to live with their father if the mother cannot reverse the emotional harm caused.

Court Disposition

Applications by C for cessation of contact and by P for relocation both refused at this stage; contact to resume with professional support; local authority to prepare s37 report; possible future relocation to father if mother cannot reverse harm.

Orders

  • Direct contact between the children and their father to resume as soon as professional support is in place.
  • Local authority to prepare a s37 report by 8 May 2017, including consideration of removal from mother's care and placement in foster care if necessary.