Key Facts
- •Eve (born 2013) is the subject of these proceedings, with her mother as applicant and her father as respondent.
- •The father has a history of unlawfully abducting the children across several jurisdictions and disregarding court orders.
- •The case involves the fourth set of proceedings in this jurisdiction for Eve.
- •The mother seeks a change in Eve's living arrangements from the father to herself.
- •A psychological assessment was conducted, highlighting the conflict Eve feels and the negative influence of her older brothers' views on her relationship with her mother.
- •The father vehemently opposes the application and threatens to appeal.
- •The Children's Guardian initially supported the father but changed their stance due to the deterioration of the situation since July 2022.
- •Significant incidents of the father's breaches of court orders and alienation tactics are detailed in the judgment.
- •The expert's reports suggest that Eve's relationship with her mother will be significantly damaged if she remains with the father, but changing living arrangements could also cause distress.
Legal Principles
Child's welfare is the paramount consideration.
Children Act 1989, section 1(1)
Delay in determining a question about a child's upbringing is prejudicial to their welfare.
Children Act 1989, section 1(1)
Presumption of parental involvement furthering a child's welfare unless the contrary is shown.
Children Act 1989, section 1(1)
Court should only intervene if it's better for the child than making no order.
Children Act 1989, section 1(1)
Welfare checklist in section 1(3) of the Children Act is the test for section 8 orders.
Children Act 1989, section 1(3)
Burden of proof lies on the party asserting a fact, standard of proof is balance of probabilities.
None explicitly stated, but implied legal principle
Court must consider all evidence in context, mindful that witnesses may lie.
None explicitly stated, but implied legal principle
Child's rights prevail in conflict with parental rights (Articles 6 and 8 ECHR).
European Convention on Human Rights, Articles 6 and 8
Contact must be safe and beneficial.
Practice Direction 12J
Parental alienation is highly fact-specific; court intervention must be justified and proportionate.
Warwickshire County Council v The Mother and Ors [2023] EWHC 399 (Fam)
Outcomes
Change of residence order: Eve to live with her mother.
Father's pattern of behaviour undermining the mother's role, breaching court orders, and alienating the children; high risk of continued emotional harm to Eve if she remains with her father; balancing Eve's wishes with her long-term welfare.
Supervised indirect contact between Eve and her father for four weeks, followed by supervised contact.
To allow Eve to settle with her mother and to mitigate potential harm from the father and siblings.
Specific Issue Order: Father to provide Eve's belongings to her school.
To facilitate the smooth transition of Eve's living arrangements.
Specific Issue Order: Mother to unilaterally enroll Eve in a school of her choice.
To expedite the change of schools and avoid delays.
Prohibited Steps Order: Father prohibited from removing Eve from the jurisdiction.
To protect Eve's safety and new living arrangement.
Prohibited Steps Order: Father prohibited from contacting Eve directly or indirectly.
To protect Eve from further alienation and emotional harm.
Penal notices attached to all orders.
Due to the father's history of non-compliance with court orders.
Final Order: Eve to remain with her mother; three weekly video calls with father; no direct contact.
Father's continued non-cooperation and absence from the final hearing; Eve's thriving in her mother's care.
Father to provide Eve's passport and identity documents.
To ensure smooth transition and prevent further obstruction.
Mother permitted to apply for a passport for Eve without father's consent.
In case the father fails to comply with the order to provide Eve's documents.
Section 91(14) order extended to 5 years.
To prevent further applications and provide stability for Eve.