Y (A Child), Re [2024] EWFC 462 (B) (07 June 2024)

Y (A Child), Re [2024] EWFC 462 (B) (07 June 2024)

The court found on the balance of probabilities that X engaged in a pattern of controlling and coercive behaviour towards W, including physical and emotional abuse, and alienated Y from W with implacable hostility. The evidence, including recordings, police and professional reports, and the Guardian's analysis, established that Y's welfare required a change of residence to W, who was found to be the more nurturing and reliable parent. The risks of remaining with X outweighed the disruption of moving, and W was best placed to promote Y's welfare and contact with X.

Citation
[2024] EWFC 462 (B)
Parties
Applicant: W; First Respondent: X; Second Respondent: Y
Jurisdiction
England and Wales
Judgment Date
07 June 2024
Procedural Posture
Private Law Children Proceedings / Final Hearing Combined With Fact Finding
Outcome
Live With Order granted in favour of W; Parental Responsibility granted to W; Section 91(14) Order made for three years; detailed contact regime ordered.
Legal Topics
Child Arrangements Order, Parental Responsibility, Change of Residence, Domestic Abuse, Coercive and Controlling Behaviour, Parental Alienation, Welfare of the Child, Section 91(14) Order
Family Law Child Arrangements Order Parental Responsibility Change of Residence Domestic Abuse Coercive and Controlling Behaviour Parental Alienation Welfare of the Child +1 more

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Parties

W

Applicant

X

First Respondent

Y

Second Respondent

Procedural Posture

Private Law Children Proceedings / Final Hearing Combined With Fact Finding

Legal Issues

  1. 1 Whether X engaged in controlling and coercive behaviour towards W
  2. 2 Whether X alienated Y from W and demonstrated implacable hostility
  3. 3 Whether a change of residence for Y is in Y's best interests

Ratio Decidendi

The court found on the balance of probabilities that X engaged in a pattern of controlling and coercive behaviour towards W, including physical and emotional abuse, and alienated Y from W with implacable hostility. The evidence, including recordings, police and professional reports, and the Guardian's analysis, established that Y's welfare required a change of residence to W, who was found to be the more nurturing and reliable parent. The risks of remaining with X outweighed the disruption of moving, and W was best placed to promote Y's welfare and contact with X.

Court Disposition

Live With Order granted in favour of W; Parental Responsibility granted to W; Section 91(14) Order made for three years; detailed contact regime ordered.

Orders

  • Y to live with W; W granted parental responsibility for Y; X to have direct contact with Y fortnightly after a 4-6 week settling period, with half of school holidays; no indirect contact order but phone/video contact at least three times per week until first direct contact; Section 91(14) Order prohibiting...