A and B (Children: ‘Parental Alienation’) (No. 5), Re
[2023] EWHC 1864 (Fam)
Fact Finding Hearing, Re
24 July 2023
[2023] EWFC 328 (B)
Family Court
Mom and Dad fought in court many times about how much time their daughter A gets to see Dad. Mom said Dad was dangerous, but the judge didn't believe her. The judge said Mom was the one causing problems by keeping A from seeing Dad, who A loves and needs to see. The judge said Dad can keep seeing A.
Key Facts
- •A is a primary school girl living with her mother but spending time with her father.
- •This is the seventh or eighth set of proceedings regarding parental arrangements for A.
- •The mother raised concerns about the father's behavior towards A, but the judge found no evidence to support these concerns.
- •The father's allegations against the mother were found to be proven.
- •A enjoys contact with her father and benefits from it.
- •The mother is determined to limit the father's involvement in A's life.
- •A is subject to a child protection plan due to ongoing parental conflict.
- •The mother made seven allegations against the father, all of which were rejected by the judge.
- •The father made fourteen allegations against the mother, all of which were found to be proven.
Legal Principles
The court must consider all options on a s8 application and strive to conclude proceedings as soon as may be fair.
Section 8 of the Children Act 1989
The standard of proof in family court cases is the balance of probabilities.
The court can consider hearsay evidence, giving it appropriate weight.
The court will not usually reconsider decisions on fact made by another judge.
Parental alienation is a question of fact for the court to resolve, focusing on alienating behaviour rather than applying a label.
Re C 2023 EWHC 345
It is not prohibited for a litigant in person to cross-examine the other party.
Section 85 F, G or H of the Courts Act 2003
Outcomes
All of the mother's allegations against the father were rejected.
Lack of sufficient evidence to support the allegations. The judge found the mother's evidence unreliable and often contradicted by other evidence.
All of the father's allegations against the mother were found proven.
Evidence from various sources, including video recordings, witness testimonies, and professional reports, supported the father's claims of the mother's negative influence on A's relationship with her father.
No restrictions or reductions were imposed on the father's contact with A.
The judge found no evidence of risk to A from the father and that A benefits from contact with him. The mother's actions were seen as obstructive and driven by her animosity towards the father.