E v E & Ors [2025] EWFC 289 (B) (02 May 2025)

E v E & Ors [2025] EWFC 289 (B) (02 May 2025)

The children have suffered and will continue to suffer significant emotional harm due to the father's entrenched negative narrative and alienation from the mother. The children's resistance to contact is not justified by evidence of harm from the mother but is a result of the father's conduct. The paramount consideration is the children's welfare, which requires immediate change of residence to the mother, despite short-term disruption and less than ideal accommodation, as the only way to prevent further emotional harm and allow the children to have a relationship with both parents.

Citation
[2025] EWFC 289 (B)
Parties
Applicant: E; First Respondent: E; Second Respondent: The Children (By their Children's Guardian, Ms Susan Paul)
Jurisdiction
England and Wales
Judgment Date
02 May 2025
Procedural Posture
Private Law Children Proceedings (child Arrangements Order) / Final Hearing and Judgment
Outcome
Application granted. Immediate change of residence to the mother ordered.
Legal Topics
Child Arrangements Order, Parental Alienation, Emotional Harm, Welfare of the Child, Contact Orders, Change of Residence, Prohibited Steps Order
Family Law Child Arrangements Order Parental Alienation Emotional Harm Welfare of the Child Contact Orders Change of Residence Prohibited Steps Order

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Parties

E

Applicant

E

First Respondent

The Children (By their Children's Guardian, Ms Susan Paul)

Second Respondent

Procedural Posture

Private Law Children Proceedings (child Arrangements Order) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the children should continue to live with the father or move to live with the mother
  2. 2 Whether the father's conduct amounts to parental alienation and emotional harm
  3. 3 Whether the mother's accommodation is suitable for the children

Ratio Decidendi

The children have suffered and will continue to suffer significant emotional harm due to the father's entrenched negative narrative and alienation from the mother. The children's resistance to contact is not justified by evidence of harm from the mother but is a result of the father's conduct. The paramount consideration is the children's welfare, which requires immediate change of residence to the mother, despite short-term disruption and less than ideal accommodation, as the only way to prevent further emotional harm and allow the children to have a relationship with both parents.

Court Disposition

Application granted. Immediate change of residence to the mother ordered.

Orders

  • Children to move and live with the mother with immediate effect, until further order.
  • Prohibited Steps Order preventing the father from removing the children from the mother's care, school, or jurisdiction, endorsed with a Penal Notice.