L (A Child), Re [2015] EWFC B188 (7 May 2015)

L (A Child), Re [2015] EWFC B188 (7 May 2015)

The mother does not have an arguable case for varying the child arrangements order or for instructing an alienation expert. There is no reliable evidence of alienation by the father, and the current arrangements are in L's best interests. The mother's refusal to have contact is of her own volition, and her applications are refused.

Citation
[2015] EWFC B188
Parties
Applicant: E; Respondent: E
Jurisdiction
England and Wales
Judgment Date
07 May 2015
Procedural Posture
Family Law Child Arrangements / Application for Permission to Vary Child Arrangements Order and to Instruct Expert
Outcome
Applications refused
Legal Topics
Child Arrangements Order, Parental Alienation, Section 91(14) Children Act 1989, Expert Evidence, Welfare of the Child
Family Law Child Law Child Arrangements Order Parental Alienation Section 91(14) Children Act 1989 Expert Evidence Welfare of the Child

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Parties

E

Applicant

E

Respondent

Procedural Posture

Family Law Child Arrangements / Application for Permission to Vary Child Arrangements Order and to Instruct Expert

Legal Issues

  1. 1 Whether the mother should be granted permission to apply to vary the child arrangements order under s.91(14) Children Act 1989
  2. 2 Whether the mother should be granted permission to instruct an 'alienation expert'

Ratio Decidendi

The mother does not have an arguable case for varying the child arrangements order or for instructing an alienation expert. There is no reliable evidence of alienation by the father, and the current arrangements are in L's best interests. The mother's refusal to have contact is of her own volition, and her applications are refused.

Court Disposition

Applications refused

Orders

  • Mother's application for permission to vary the child arrangements order is refused.
  • Mother's application for permission to instruct an alienation expert is refused.