TJ v RC & Anor
[2023] EWFC 189
KM & Anor (Finding of Fact Hearing: Parental Alienation), Re
10 June 2024
[2024] EWFC 260 (B)
Family Court
A father said his ex-wife was turning the kids against him. A judge found the mom did do some things that hurt the kids' relationship with their dad, but not everything the dad claimed. The judge said it's important to look at what the parents *did*, not just label it with a fancy term like 'parental alienation'.
Key Facts
- •Welfare proceedings concerning two girls, KM (11) and KR (9).
- •Deteriorating relationship between the children and their father.
- •Father alleges parental alienation by the mother.
- •Fact-finding hearing to determine father's allegations against the mother.
- •Extensive history of involvement with children's services and police.
- •Multiple allegations of domestic abuse between parents.
- •Significant inconsistencies and disputes of fact between the parents' accounts.
- •Expert psychologist's report deemed partially inadmissible due to exceeding remit.
- •Substantial delay in proceedings.
Legal Principles
The legal burden of establishing an allegation rests with the party asserting it.
Re H and R (Child Sexual Abuse: Standard of Proof) [1996] 1 FLR 80
In family proceedings, the standard of proof is the balance of probabilities.
Re H and R (Child Sexual Abuse: Standard of Proof) [1996] 1 FLR 80
The court must consider the totality of the evidence and avoid evaluating it in silos.
Re T (Abuse: Standard of Proof) [2004] EWCA Civ 558
A deliberate lie may be probative of guilt, but the court must consider the reasons for the lie.
A, B and C (Children) [2021] EWCA Civ 451
In parental alienation cases, the court should focus on identifying alienating behaviours, not diagnosing a syndrome.
Re C (‘Parental Alienation’: Instruction of Expert) [2023] EWHC 345
Outcomes
Several of the father's allegations of alienating behaviours were found to be partially or fully proven.
The judge analyzed the evidence holistically, considering inconsistencies and credibility of witnesses. Specific instances of the mother sharing inappropriate information with the children, failing to promote a positive paternal identity, and making unilateral decisions regarding the children's schooling were highlighted.
Other allegations of parental alienation were not proven.
The judge found insufficient evidence to support those allegations, emphasizing that suspicion is not enough to establish facts.
The expert psychologist's diagnosis of parental alienation was rejected.
The judge agreed with a previous judge's assessment that the expert had exceeded her remit and that her conclusions should be disregarded in line with Re C guidance.