K (Children: Alienating Behaviour), Re
[2024] EWFC 216 (B)
AB v TC & Anor
15 October 2024
[2024] EWFC 296
Family Court
A long fight between parents about where their child should live and see each parent. Things got better recently, so the judge decided not to punish the mom and focused on keeping the peace and making sure the child had a good relationship with both parents.
Key Facts
- •L, born December 27, 2013, is the subject of a long-running child arrangements dispute between parents AB and TC.
- •Repeated allegations of abuse by L against F (father), leading to multiple court hearings and investigations.
- •Significant history of conflict and litigation between the parents, impacting L's well-being.
- •Appointment of a single joint expert clinical psychologist and a guardian ad litem.
- •Initial supervised contact between L and F, followed by unsupervised contact.
- •Recent positive developments in L's relationship with F, including overnight stays.
- •Concerns raised by social services and the guardian regarding L's well-being and the parents' conflict.
- •Consideration of a suspended 'Lives With' order, similar to Re M (Contact) [2012] EWHC 1948 Fam.
Legal Principles
Parents' obligation to ensure child has a full family life with both parents, even after separation.
This judgment
Child's right to the best possible relationship with both parents.
This judgment
Conflict, not separation, damages children.
This judgment
Past behaviour often indicates future behaviour, but sea changes can occur.
This judgment
Court's discretion regarding costs orders in family proceedings.
Family Proceedings Rules (FPR) Part 28 and Practice Directions 28A
Evaluation of a child's wishes and feelings, considering the child's developmental stage and susceptibility to pressure.
Re M (Contact) [2012] EWHC 1948 Fam
Appropriateness of a conditional residence order dependent on the court's ability to confidently foresee its coming into effect.
Re M (Contact) [2012] EWHC 1948 Fam
Outcomes
No suspended 'Lives With' order made.
Uncertainty regarding its coming into effect, given recent positive developments and improved contact.
No penal notice attached to contact orders.
Compliance with previous orders and the desire to encourage positive behaviour.
No costs order made against M.
Non-adversarial nature of family proceedings, potential negative impact on child's welfare, and the overall constructive approach taken.