K v K (No 2)

K v K (No 2)

The court found that the mother did not alienate the children from the father. The father’s own behaviour, including inappropriate chastisement, coercive and controlling conduct, emotional dysregulation, and intimidation, caused emotional and some physical harm to the children and undermined their relationship with him. The mother’s actions were not designed to alienate but to protect the children. The children’s views and reluctance to contact were attributable to the father’s conduct, not the mother’s influence.

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 Judgment After Remittal From Court of Appeal
Outcome
Findings of fact made; no finding of parental alienation by mother; findings of inappropriate behaviour and emotional harm by father.
Legal Topics
Parental Responsibility, Child Arrangements, Parental Alienation, Domestic Abuse, Contact Orders
Family Law Child Law Parental Responsibility Child Arrangements Parental Alienation Domestic Abuse Contact Orders

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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 Judgment After 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 and children
  3. 3 Whether the father displayed emotionally dysregulated behaviour towards the children

Ratio Decidendi

The court found that the mother did not alienate the children from the father. The father’s own behaviour, including inappropriate chastisement, coercive and controlling conduct, emotional dysregulation, and intimidation, caused emotional and some physical harm to the children and undermined their relationship with him. The mother’s actions were not designed to alienate but to protect the children. The children’s views and reluctance to contact were attributable to the father’s conduct, not the mother’s influence.

Court Disposition

Findings of fact made; no finding of parental alienation by mother; findings of inappropriate behaviour and emotional harm by father.

Orders

  • Children’s guardian to meet with the children and advise the court on whether direct contact can be safely managed.
  • Indirect contact between father and children to continue in the interim.