KM & Anor (Finding of Fact Hearing: Parental Alienation), Re

KM & Anor (Finding of Fact Hearing: Parental Alienation), Re

The court found that the mother had, on the balance of probabilities, engaged in some alienating behaviours by sharing inappropriate information with the children, failing to shield them from her negative views of the father, and making unilateral decisions about the children's welfare without consulting the father. However, the court also found that the father contributed to the breakdown in contact through his own actions and inappropriate comments to the children. The evidence did not support a finding of parental alienation as a syndrome, but did establish that both parents' acrimony and conduct had caused emotional harm to the children.

Parties
Applicant: Mother; 1st Respondent: Father; 2nd – 3rd Respondents: KM and KR (Children by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
23 September 2024
Procedural Posture
Children Act Private Law (child Arrangements Variation) / Fact Finding Hearing
Outcome
Findings of fact made; case to proceed to welfare determination.
Legal Topics
Parental Alienation, Child Arrangements, Contact Disputes, Fact Finding, Welfare of the Child
Family Law Children Law Parental Alienation Child Arrangements Contact Disputes Fact Finding Welfare of the Child

Case Brief

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 11 Party arguments 2
Sign in to unlock

Parties

Mother

Applicant

Father

1st Respondent

KM and KR (Children by their Children’s Guardian)

2nd – 3rd Respondents

Procedural Posture

Children Act Private Law (child Arrangements Variation) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother engaged in alienating behaviours amounting to parental alienation against the father
  2. 2 Whether the mother limited or frustrated contact between the children and the father
  3. 3 Whether the mother exposed the children to inappropriate information about proceedings or the father

Ratio Decidendi

The court found that the mother had, on the balance of probabilities, engaged in some alienating behaviours by sharing inappropriate information with the children, failing to shield them from her negative views of the father, and making unilateral decisions about the children's welfare without consulting the father. However, the court also found that the father contributed to the breakdown in contact through his own actions and inappropriate comments to the children. The evidence did not support a finding of parental alienation as a syndrome, but did establish that both parents' acrimony and conduct had caused emotional harm to the children.

Court Disposition

Findings of fact made; case to proceed to welfare determination.

Orders

  • Findings of fact as set out in the judgment; further case management directions to be made after submissions.