Family Law Hub

Re T (Parental Alienation) [2019] EWHC 3854 (Fam)

The five-year-old daughter had always lived with her mother, but had been the subject of legal proceedings between her parents for most of her life. All other avenues to engage and promote a good and loving relationship with the father having failed, he was now seeking an order that he should be the child's primary carer and that she should live with him. This application was supported by the child's Guardian. After hearing evidence regarding the consequences of the child being denied a relationship with the father, the mother ceased to actively oppose the father's application. Agreed findings were made that the daughter's relationship with the father had not been consistently promoted by the mother, that the mother was not in a position to promote a positive relationship between the daughter and the father, and that the mother had alienated the daughter from her father. HHJ Raeside (sitting as a judge of the High Court) made further findings including that the father would be better able to promote a relationship between the daughter and the mother. The child's welfare was best met by a transfer of care to her father, as well as an immediate change of school.

Judgment, published: 17/03/2020

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Published: 17/03/2020

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