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quo maintained; child arrangements and contact orders made; Section 91(14) order imposed; enforcement application withdrawn.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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the mother or father engaged in alienating behaviours causing the children’s refusal to see the other parent
- 2 Whether G should remain living with the mother or move to the father’s care
- 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quo maintained; child arrangements and contact orders made; Section 91(14) order imposed; enforcement application withdrawn.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.
Full Case Text
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