F v M [2023] EWFC 252 (B) (29 November 2023)

F v M [2023] EWFC 252 (B) (29 November 2023)

Neither parent proved allegations of deliberate alienation or coercive control to the required standard. F failed to promote the children's relationship with M and ensure regular school attendance, exposing the children to negative views about M and neglecting their educational needs. M did not physically or...

Source-derived case information.

Citation
[2023] EWFC 252 (B)
Parties
Applicant: F; First Respondent: M; Second, Third and Fourth Respondents: Children A, B, C (via Guardian)
Jurisdiction
England and Wales
Judgment Date
29 November 2023
Procedural Posture
Children Act Proceedings (fact Finding Hearing) / Fact Finding Judgment
Outcome
Findings of fact made; neither parent proved deliberate alienation or coercive control; F found to have breached child arrangements order without reasonable excuse; enforcement suspended pending welfare stage.
Legal Topics
Children Act 1989, Fact Finding Hearings, Domestic Abuse, Coercive Control, Parental Alienation, Child Arrangements, School Attendance, Welfare of the Child
Family Law Children Act 1989 Fact Finding Hearings Domestic Abuse Coercive Control Parental Alienation Child Arrangements School Attendance +1 more

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Parties

F

Applicant

M

First Respondent

Children A, B, C (via Guardian)

Second, Third and Fourth Respondents

Procedural Posture

Children Act Proceedings (fact Finding Hearing) / Fact Finding Judgment

Legal Issues

  1. 1 Whether either parent has emotionally or physically abused the children
  2. 2 Whether either parent has engaged in coercive or controlling behaviour
  3. 3 Whether either parent has sought to alienate the children from the other

Ratio Decidendi

Neither parent proved allegations of deliberate alienation or coercive control to the required standard. F failed to promote the children's relationship with M and ensure regular school attendance, exposing the children to negative views about M and neglecting their educational needs. M did not physically or emotionally abuse the children as alleged by F. Both parents exposed the children to adult conflict, but there was no evidence of a power imbalance amounting to coercive control. F breached the child arrangements order without reasonable excuse, but enforcement is suspended pending welfare resolution.

Court Disposition

Findings of fact made; neither parent proved deliberate alienation or coercive control; F found to have breached child arrangements order without reasonable excuse; enforcement suspended pending welfare stage.

Orders

  • Enforcement of child arrangements order suspended under section 11J(9) Children Act 1989 until further order.
  • No immediate penalties; welfare issues to be resolved at next stage.