T and G (Allegations of Alienating Behaviours), Re

T and G (Allegations of Alienating Behaviours), Re

The court found that neither parent’s actions amounted to significant alienating behaviours to justify a transfer of residence. G’s refusal to see the father was rooted in their own experiences, reinforced but not caused by the mother’s actions. The harm of a forced change in G’s home, school, and attachments outweighed the risks of ongoing limited contact with the father. The status quo is maintained, with stepped and supported contact ordered, and a Section 91(14) order imposed to prevent further disruptive applications.

Parties
Applicant: The Mother; 1st Respondent: The Father; 2nd Respondent: Child T; 3rd Respondent: Child G
Jurisdiction
England and Wales
Judgment Date
30 January 2025
Procedural Posture
Family / Final Judgment
Outcome
Status quo maintained; child arrangements and contact orders made; Section 91(14) order imposed; enforcement application withdrawn.
Legal Topics
Child Arrangements, Parental Alienation, Contact Orders, Section 91(14) Orders, Welfare Principle, Internal Relocation, Autism and Special Educational Needs

Case Brief

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Parties

The Mother

Applicant

The Father

1st Respondent

Child T

2nd Respondent

Child G

3rd Respondent

Procedural Posture

Family / Final Judgment

  1. 1 Whether the mother or father engaged in alienating behaviours causing the children’s refusal to see the other parent
  2. 2 Whether G should remain living with the mother or move to the father’s care
  3. 3 What school G should attend

Ratio Decidendi

The court found that neither parent’s actions amounted to significant alienating behaviours to justify a transfer of residence. G’s refusal to see the father was rooted in their own experiences, reinforced but not caused by the mother’s actions. The harm of a forced change in G’s home, school, and attachments outweighed the risks of ongoing limited contact with the father. The status quo is maintained, with stepped and supported contact ordered, and a Section 91(14) order imposed to prevent further disruptive applications.

Court Disposition

Status quo maintained; child arrangements and contact orders made; Section 91(14) order imposed; enforcement application withdrawn.

Orders

  • T shall live with their father; G shall live with their mother under child arrangements orders.
  • No direct contact ordered for T with the mother, but encouragement in accordance with wishes and feelings.