X, Y and Z (Children : Agreed Transfer of Residence)

X, Y and Z (Children : Agreed Transfer of Residence)

The court found that the children had suffered significant emotional harm due to the father's alienation of them from their mother. Despite the children's stated wishes to remain with the father, the court determined these were heavily influenced by alienation and could not be taken at face value. The court concluded that transferring residence of all three children to the mother, with a period of protective separation from the father, was necessary to restore their relationship with her and was in their best long-term welfare interests. The father's late agreement to the transfer and the support of the guardian and expert psychiatrist reinforced this outcome.

Parties
Applicant: F; 1st Respondent: M; 2nd 4th Respondents (children): X, Y and Z (by their guardian, Mr T)
Jurisdiction
England and Wales
Judgment Date
26 February 2021
Procedural Posture
Family / Final Judgment After Fact Finding and Final Hearing
Outcome
Residence of all three children transferred to the mother with a period of protective separation from the father.
Legal Topics
Parental Responsibility, Child Arrangements, Residence Orders, Parental Alienation, Contact Orders, Welfare of the Child
Family Law Child Law Parental Responsibility Child Arrangements Residence Orders Parental Alienation Contact Orders Welfare of the Child

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Parties

F

Applicant

M

1st Respondent

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

2nd 4th Respondents (children)

Procedural Posture

Family / Final Judgment After Fact Finding and Final Hearing

Legal Issues

  1. 1 Whether the children should transfer residence from father to mother due to parental alienation and harm
  2. 2 How to balance the children's wishes and feelings in the context of alienation
  3. 3 What arrangements best serve the children's welfare in light of findings of harm and alienation

Ratio Decidendi

The court found that the children had suffered significant emotional harm due to the father's alienation of them from their mother. Despite the children's stated wishes to remain with the father, the court determined these were heavily influenced by alienation and could not be taken at face value. The court concluded that transferring residence of all three children to the mother, with a period of protective separation from the father, was necessary to restore their relationship with her and was in their best long-term welfare interests. The father's late agreement to the transfer and the support of the guardian and expert psychiatrist reinforced this outcome.

Court Disposition

Residence of all three children transferred to the mother with a period of protective separation from the father.

Orders

  • Child Arrangements Order: X, Y, and Z to live with M.
  • Protective separation: No direct contact with F for three months, to be reviewed by the court.