K (Children: Alienating Behaviour), Re
[2024] EWFC 216 (B)
Warwickshire County Council v The Mother & Ors
24 February 2023
[2023] EWHC 399 (Fam)
High Court
Two sisters were fighting with their parents, and the court tried to help. A plan to reunite them with their dad went wrong. Now, the judge says everyone needs to learn to get along better and the older sister (Z) doesn't need extra court help but the younger one (X) will live with her grandparents for a while.
Key Facts
- •This case concerns two girls, Z (13) and X (11), subject to Interim Care Orders due to alleged parental alienation.
- •Parents separated in 2016; both formed new relationships.
- •Numerous court applications since June 2019, culminating in a fact-finding hearing in February 2022 finding parental alienation against the mother.
- •A reunification plan went badly, leading to children being placed in foster care.
- •In August 2022, Z returned to her mother's care; X remained with her father.
- •In January 2023, X absconded to her mother's house.
- •All parties agreed on orders by the end of the hearing.
Legal Principles
Paramount consideration of the child's best interests in care order decisions.
Children Act 1989, s.31(2)
Re S [Parental Alienation] [2020] EWCA Civ 568 guidance on parental alienation, including the spectrum of severity and appropriate remedies.
Re S [Parental Alienation] [2020] EWCA Civ 568
Balancing court intervention with children's wishes and feelings, particularly regarding older children's Article 8 ECHR rights.
Re S [2020] EWCA Civ 568 and discussion in judgment
Outcomes
No order for Z; Child in Need plan.
Z's wishes and lack of benefit from public law order.
Care order for X, living with the maternal grandparents (Hs).
Threshold met; X's current placement deemed suitable, pending further work.
Increased contact between X and Z, including contact with S & T.
X's and Z's strong wishes for increased sibling contact.
Plan for contact between X and her father.
Importance of maintaining the relationship with both parents.
Both parents to engage in Parenting Apart Programme (PAP).
To improve parenting skills and reduce conflict.
Therapeutic interventions for the family.
To address underlying issues and improve family relationships.