K v K (No. 2) [2022] EWFC 171 (B) (16 December 2022)

K v K (No. 2) [2022] EWFC 171 (B) (16 December 2022)

The court found that the mother had not alienated the children from the father. The breakdown in contact was primarily caused by the father's own behaviour, including coercive and controlling conduct, emotionally dysregulated responses, and lack of insight into the children's needs and feelings. The father's actions, not the mother's, led to the children's reluctance to have contact. The evidence did not support the father's allegations of alienation, but did support the mother's concerns about the father's behaviour and its impact on the children.

Citation
[2022] EWFC 171 (B)
Parties
Applicant: Mr K; First Respondent: Mrs K; Second Respondent: The Children (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
16 December 2022
Procedural Posture
Children Act Proceedings (private Law) / Fact Finding Hearing Following Remittal From Court of Appeal
Outcome
Mother not found to have alienated the children; findings made against the father regarding his behaviour. No order for increased contact with the father at this stage.
Legal Topics
Child Arrangements, Parental Responsibility, Domestic Abuse, Parental Alienation, Contact Orders, Fact Finding Hearings
Family Law Child Arrangements Parental Responsibility Domestic Abuse Parental Alienation Contact Orders Fact Finding Hearings

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Parties

Mr K

Applicant

Mrs K

First Respondent

The Children (by their Children's Guardian)

Second Respondent

Procedural Posture

Children Act Proceedings (private Law) / Fact Finding Hearing Following Remittal From Court of Appeal

Legal Issues

  1. 1 Whether the father inappropriately chastised the children
  2. 2 Whether the father exercised coercive and controlling behaviour towards the mother in and around contact
  3. 3 Whether the father displayed emotionally dysregulated behaviour in the presence of or towards the children

Ratio Decidendi

The court found that the mother had not alienated the children from the father. The breakdown in contact was primarily caused by the father's own behaviour, including coercive and controlling conduct, emotionally dysregulated responses, and lack of insight into the children's needs and feelings. The father's actions, not the mother's, led to the children's reluctance to have contact. The evidence did not support the father's allegations of alienation, but did support the mother's concerns about the father's behaviour and its impact on the children.

Court Disposition

Mother not found to have alienated the children; findings made against the father regarding his behaviour. No order for increased contact with the father at this stage.