CP v M & Ors [2025] EWFC 39 (25 February 2025)

CP v M & Ors [2025] EWFC 39 (25 February 2025)

Given the children's consistently expressed and strongly held wishes not to have contact with CP, the absence of clear evidence of alienation by M, and the Guardian's evidence that further proceedings would cause emotional harm and entrench resistance, the court determined that continuing the proceedings or...

Source-derived case information.

Citation
[2025] EWFC 39
Parties
Applicant: CP; First Respondent: M; Second to Sixth Respondents: The Children by their Children's Guardian
Jurisdiction
England and Wales
Judgment Date
25 February 2025
Procedural Posture
Child Arrangements and Parentage Application / Final Judgment After Remittal From Court of Appeal
Outcome
Applications dismissed save for ancillary orders
Legal Topics
Child Arrangements Order, Parental Responsibility, Parentage, Contact With Children, Welfare of the Child, Alienating Behaviour, Jurisdiction
Family Law Child Arrangements Order Parental Responsibility Parentage Contact With Children Welfare of the Child Alienating Behaviour Jurisdiction

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Summary, issues, holding and outcome

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Parties

CP

Applicant

M

First Respondent

The Children by their Children's Guardian

Second to Sixth Respondents

Procedural Posture

Child Arrangements and Parentage Application / Final Judgment After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether to order contact between CP and the four younger children against their wishes
  2. 2 Whether to direct a finding of fact hearing regarding alleged alienating behaviour
  3. 3 Whether to order family therapy or psychological assessment

Ratio Decidendi

Given the children's consistently expressed and strongly held wishes not to have contact with CP, the absence of clear evidence of alienation by M, and the Guardian's evidence that further proceedings would cause emotional harm and entrench resistance, the court determined that continuing the proceedings or compelling contact or therapy would not be in the children's welfare. The applications are dismissed save for provision for memory boxes and updates.

Court Disposition

Applications dismissed save for ancillary orders

Orders

  • No order for contact between CP and the four younger children
  • Provision for memory boxes for indirect communication