K v Y
[2023] EWFC 262 (B)
K (Children: Alienating Behaviour), Re
31 July 2024
[2024] EWFC 216 (B)
Family Court
Two parents are fighting over their children. The dad is keeping the kids from seeing their mum, so the judge is making the dad let them see their mum more often. The judge also wants someone to help the children because they are sad and confused about what is happening. The judge will make a final decision later, but the children will have to see their mum more often until then.
Key Facts
- •Dispute between parents of two children, Elijah (born August 2015) and Kobe (born November 2016), regarding child arrangements.
- •Father has been the primary carer since December 2019.
- •Mother returned to the UK in April 2022 after a period in Ghana.
- •Inconsistent time spent between mother and children since the mother's return.
- •Proceedings commenced in June 2022, beset by delays.
- •Children have made allegations against the mother, leading to social services involvement.
- •Father is alleged to have alienated the children from the mother.
- •Four reports from a Family Court Adviser (FCA) detailing the situation and offering recommendations.
Legal Principles
Paramount consideration of the child's welfare.
Children Act 1989, section 1(3)
Presumption of parental involvement unless contrary is shown.
Children Act 1989, section 8
Assessment of credibility should not rely solely on demeanour.
Cumbria County Council v R [2019] EWHC 2782 (Fam), Re P (A Child: Remote Hearing) [2020] EWFC 32
Focus on alienating behaviour, not labels like 'parental alienation'.
Re C (Parental Alienation: Instruction of Expert) [2023] EWHC 345 (Fam)
Court's obligation to promote parent-child relationships and take effective measures against alienation.
Re S (Parental Alienation: Cult) [2020] EWCA Civ 568
Standard of proof in fact-finding is balance of probabilities.
Various case law mentioned in section 35
Lies can be probative of guilt, subject to specific criteria.
R v Lucas [1981] QB 720, ABC [2021] EWCA 451
Outcomes
Orders for the children to spend time with the mother, including specific arrangements for weekends and Wednesdays.
Agreement between parents that regular overnight time with the mother is in the children's best interests, despite children's current opposition.
No suspended live-with order made at this hearing.
Insufficient evidence to determine if mother can meet all children's emotional needs; risk of disruption and harm to children outweighs benefit at present.
Interim Supervision Order made.
Children have suffered and are at risk of suffering significant harm; order places statutory responsibility on Local Authority, emphasizes concerns to parties, and may improve compliance.
Appointment of a Children's Guardian.
High-conflict case, lack of confidence in children's best interests being met without intervention.
Adjournment of the case to a part-heard final hearing in October.
Need for further evidence and analysis of welfare options, including where children should live, time spent with each parent, parental responsibility, and prohibited steps orders.