The E Children, Re

The E Children, Re

The court found that the father engaged in domestic abuse, including coercive and controlling behaviour, particularly in the period surrounding the relationship breakdown. The mother and her family, in a misguided attempt to protect the children, contributed to the children's alienation from the father by exposing...

Source-derived case information.

Parties
Applicant: F (Father); Respondent: M (Mother); Children: A and B (The E Children)
Jurisdiction
England and Wales
Judgment Date
20 September 2024
Procedural Posture
Family Child Arrangements / Fact Finding and Interim Welfare Orders; Adjourned for Further Intervention
Outcome
Proceedings adjourned for further intervention and analysis; no final order made at this stage.
Legal Topics
Domestic Abuse, Coercive and Controlling Behaviour, Parental Alienation, Child Arrangements, Welfare Principle
Family Law Children Law Domestic Abuse Coercive and Controlling Behaviour Parental Alienation Child Arrangements Welfare Principle

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Parties

F (Father)

Applicant

M (Mother)

Respondent

A and B (The E Children)

Children

Procedural Posture

Family Child Arrangements / Fact Finding and Interim Welfare Orders; Adjourned for Further Intervention

Legal Issues

  1. 1 Whether the father engaged in coercive and controlling behaviour amounting to domestic abuse
  2. 2 Whether the mother alienated the children from the father
  3. 3 Impact of parental behaviour on the welfare of the children

Ratio Decidendi

The court found that the father engaged in domestic abuse, including coercive and controlling behaviour, particularly in the period surrounding the relationship breakdown. The mother and her family, in a misguided attempt to protect the children, contributed to the children's alienation from the father by exposing them to negative views not grounded in their own experiences. The facts fit within the Cafcass definition of parental alienation. The children's welfare requires further intervention work to address the entrenched negative perceptions and to attempt to re-establish contact with the father. A final order is inappropriate at this stage; the proceedings are adjourned for further...

Court Disposition

Proceedings adjourned for further intervention and analysis; no final order made at this stage.

Orders

  • A further Improving Child and Family Arrangements (ICFA) intervention to take place.
  • A report from ICFA and a final analysis from the children's guardian to be filed.