GB (Parental Alienation: Factual Findings), Re
[2024] EWFC 75 (B)
A and B (Children: ‘Parental Alienation’) (No. 5), Re
27 July 2023
[2023] EWHC 1864 (Fam)
High Court
A mom tried to turn her kids against their dad, even getting them to lie and run away. A judge believed the kids and the dad, and said the mom can't see them anymore and has to pay a lot of money.
Key Facts
- •Long-running case involving two children, Child A (17) and Child B (14), and their parents.
- •Mother's alleged campaign to alienate children from their father.
- •Allegations of the mother instructing a man to contact children, give them phones and trackers, and encourage them to make false allegations against the father.
- •Children's initial allegations against father later retracted.
- •Extensive expert evidence from Ms Woodall, a child psychiatrist.
- •Police investigation concluded with no further action.
- •Mother failed to attend the final hearing.
- •Children expressed happiness and well-being in their father's care.
Legal Principles
Standard of proof in fact-finding hearings is the balance of probabilities.
Re B (Children) [2008] UKHL 35
Principles for fact-finding hearings in domestic abuse cases (burden of proof, standard of proof, evidence vs. speculation, consideration of all evidence, assessment of lies).
Re JK (A Child)(Domestic Abuse: Finding of Fact Hearing) [2021] EWHC 1367 (Fam)
Assessment of credibility, demeanour, and memory in fact-finding hearings; consideration of oral vs. documentary evidence.
Re A (A Child) [2020] EWCA Civ 1230, Gestmin SGPS SA v Credit Suisse (UK) Ltd, Blue v Ashley [2017] EWHC 1928 (Comm), Kogan v Martin
Discharge of the burden of proof; considering gaps in evidence and alternative explanations.
Re A (Children) (Care Proceedings: Burden of Proof) [2018] EWCA Civ 1718
Value of oral testimony and demeanour, particularly in children's evidence.
Re B-M [2021] EWCA Civ 1371
Approach to lies in evidence; lies are not direct proof of guilt but can be considered as corroboration.
Re H-C [2016] EWCA Civ 136
Findings of fact must be based on evidence, not suspicion or speculation.
Re A (A Child) (Fact Finding Hearing: Speculation) [2011] 1 FLR 1817
Considering children's evidence; minimizing risk of unreliable evidence, acknowledging flaws in interview processes.
Re B (Allegation of Sexual Abuse: Child's Evidence) [2006] 2 FLR 1071, Re E (A Child) (Family Proceedings Evidence) [2016] EWCA Civ 473
Definition and impact of domestic abuse, including coercive and controlling behavior.
Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448
Costs in children's cases; default position is no order, unless reprehensible behaviour or unreasonable stance.
Re T (Children)
Outcomes
Findings of fact were made against the mother, supporting all allegations made by the father.
The court found the children's evidence credible and consistent, supported by other evidence.
Mother's conduct was deemed coercive and controlling, causing significant emotional harm to the children.
The court found that the mother's actions amounted to abuse and that there was no prospect of her changing her behavior.
Costs of £240,954 awarded to the father.
The mother's reprehensible behavior and unreasonable stance justified a costs order.
No future contact between mother and children.
In the best interests of the children's welfare and to prevent further abuse.