X, Y and Z (Children : Agreed Transfer of Residence) [2021] EWFC 18 (26 February 2021)

X, Y and Z (Children : Agreed Transfer of Residence) [2021] EWFC 18 (26 February 2021)

The court found that the children had suffered significant harm as a result of the father's alienation of them from their mother, and that the only way to promote their welfare and restore their relationship with their mother was to transfer residence to the mother. The court held that the welfare of the children...

Source-derived case information.

Citation
[2021] EWFC 18
Parties
Applicant: F; 1st Respondent: M; 2nd 4th Respondents: X, Y and Z (by their guardian, Mr T)
Jurisdiction
England and Wales
Judgment Date
26 February 2021
Procedural Posture
Children Act Private Law Proceedings / Final Hearing and Judgment
Outcome
Residence of all three children transferred to the mother (M).
Legal Topics
Child Arrangements, Parental Responsibility, Residence Orders, Parental Alienation, Welfare of the Child
Family Law Child Arrangements Parental Responsibility Residence Orders Parental Alienation Welfare of the Child

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

F

Applicant

M

1st Respondent

X, Y and Z (by their guardian, Mr T)

2nd 4th Respondents

Procedural Posture

Children Act Private Law Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the residence of the children should be transferred from the father (F) to the mother (M)
  2. 2 Whether the children have suffered harm as a result of parental alienation
  3. 3 What arrangements best serve the welfare of the children

Ratio Decidendi

The court found that the children had suffered significant harm as a result of the father's alienation of them from their mother, and that the only way to promote their welfare and restore their relationship with their mother was to transfer residence to the mother. The court held that the welfare of the children required decisive action and that a change of residence was justified on the evidence and in the children's best interests.

Court Disposition

Residence of all three children transferred to the mother (M).

Orders

  • All three children to live with M.
  • Arrangements for contact with F to be determined.