The Father v The Mother & Anor

The Father v The Mother & Anor

The evidence from expert psychological and social work assessments established that the mother had engaged in parental alienation, causing significant emotional harm to the child, and was unable or unwilling to change. The threshold for an interim change of residence was met, and the child's welfare required immediate transfer to the father's care to prevent further harm.

Parties
Applicant: The Father; 1st Respondent: The Mother; 2nd Respondent: J (A Child) via his guardian Zile Ngwenya
Jurisdiction
England and Wales
Judgment Date
28 June 2022
Procedural Posture
Child Arrangements Order (private Law) / Interim Application for Change of Residence
Outcome
Interim change of residence granted; child to reside with father.
Legal Topics
Child Arrangements Order, Change of Residence, Parental Responsibility, Parental Alienation, Interim Orders
Family Law Child Law Child Arrangements Order Change of Residence Parental Responsibility Parental Alienation Interim Orders

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Parties

The Father

Applicant

The Mother

1st Respondent

J (A Child) via his guardian Zile Ngwenya

2nd Respondent

Procedural Posture

Child Arrangements Order (private Law) / Interim Application for Change of Residence

Legal Issues

  1. 1 Whether the child's interim residence should be changed from the mother to the father
  2. 2 Whether the mother has caused or is likely to cause significant emotional harm to the child through parental alienation
  3. 3 Whether the threshold for interim change of residence is met

Ratio Decidendi

The evidence from expert psychological and social work assessments established that the mother had engaged in parental alienation, causing significant emotional harm to the child, and was unable or unwilling to change. The threshold for an interim change of residence was met, and the child's welfare required immediate transfer to the father's care to prevent further harm.

Court Disposition

Interim change of residence granted; child to reside with father.

Orders

  • Child to move to father's care on 28 June 2022, facilitated by social services.
  • Mother to deliver up the child and not frustrate the transfer.