K v L Re M, N [2019 EWFC B50 (15 May 2019)

K v L Re M, N [2019 EWFC B50 (15 May 2019)

The court found that the father's prolonged, controlling, and coercive behaviour constituted serious domestic abuse, causing significant harm to the mother and risk to the children. The expert evidence did not support a finding of parental alienation by the mother. The risk posed by the father, including his mental...

Source-derived case information.

Citation
[2003] EWHC 3031
Parties
Applicant: Father K; 1st Respondent: Mother L; 2nd Respondent (child): Girl M; 3rd Respondent (child): Boy N
Jurisdiction
England and Wales
Judgment Date
15 May 2019
Procedural Posture
Children Act 1989 Proceedings / Final Judgment After Fact Finding, Expert Evidence, and Welfare Hearings
Outcome
Application for change of residence and direct contact refused; indirect contact and therapeutic intervention ordered.
Legal Topics
Child Arrangements, Domestic Abuse, Parental Alienation, Contact Orders, Welfare of the Child
Family Law Child Law Child Arrangements Domestic Abuse Parental Alienation Contact Orders Welfare of the Child

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Parties

Father K

Applicant

Mother L

1st Respondent

Girl M

2nd Respondent (child)

Boy N

3rd Respondent (child)

Procedural Posture

Children Act 1989 Proceedings / Final Judgment After Fact Finding, Expert Evidence, and Welfare Hearings

Legal Issues

  1. 1 Whether the children should live with the father or mother
  2. 2 Whether the mother has alienated the children from the father
  3. 3 Impact of domestic abuse on child arrangements

Ratio Decidendi

The court found that the father's prolonged, controlling, and coercive behaviour constituted serious domestic abuse, causing significant harm to the mother and risk to the children. The expert evidence did not support a finding of parental alienation by the mother. The risk posed by the father, including his mental health history and inability to accept findings, outweighed the benefits of immediate direct contact or a change of residence. The welfare of the children required that they remain with their mother, with only indirect contact and therapeutic intervention considered appropriate at this stage.

Court Disposition

Application for change of residence and direct contact refused; indirect contact and therapeutic intervention ordered.

Orders

  • Children to remain living with the mother.
  • No direct contact between father and children at present.