Parental Alienation Related Case Law
The Custody Minefield Factsheets –
Smartphone Series (optimised for smartphone users). Copyright Michael Robinson
2010. Crown Copyright
material is reproduced with the permission of the Controller of HMSO and the Queen's printer for Scotland. Please bear in mind
that the courts in some circumstances will say that case law is binding, while
in other circumstances will hold that each case must be judged on its own
merits. There will also be instances where case law conflicts and the law continues to evolve. While bearing these points in mind,
referring a judge to existing case law may assist in supporting an argument to
the court.
R
H (Minors) (Access) [1992] 1 FLR 148 at 153A; Re M (Contact: Supervision)
[1998] 1FLR 727 -
<Back to Top>
“The possibility of short-term upset
must be balanced against the long-term benefits which are likely to accrue if contact
is established.”
RE:
M (CONTACT: WELFARE TEST) [1995] 1 FLR 274 AT 278-9, CA
- <Back to Top>
'namely that the
court should consider whether the fundamental need of every child to have an
enduring relationship with both parents is outweighed by the depth of harm to
the particular child that might thereby be caused by the contact order.'
RE T (CONTACT: ALIENATION:
PERMISSION TO APPEAL) [2002] EWCA Civ 1736 [2003] 1
FLR 531 - open - <Back
to Top>
Appeal
allowed ‘I have concluded that the judge failed
to make a finding or sufficiently reasoned finding on alienation by the mother
or to make it clear that he was not making such a finding’.
There was a serious breakdown in the child/father relationship and the judge
failed in his quasi-inquisitorial duty to assess the origins of the breakdown.
RE S
(Children) [2004] EWCA Civ 597 2 FLR 710 - open - <Back
to Top>
“It is essential that the passage of
time should not become conclusive in depriving the children of a relationship
with their father.”
At paragraph 17 – ‘It is a case in which the passage of the years has almost become conclusive and should not be allowed to become conclusive without a major judicial effort to rescue for these children a relationship with their father before it is too late.’
RE S (CONTACT: PROMOTING RELATIONSHIP
WITH ABSENT PARENT) [2004] EWCA CIV 18 - open - <Back
to Top>
[32] No parent is
perfect but 'good-enough parents' should have a relationship with their
children for their own benefit and even more in the best interests of the
children. It is, therefore, most important that the attempt to promote contact
between a child and the non-resident parent should not be abandoned until it is
clear that the child will not benefit from continuing the attempt.
The application by
the father's counsel for a psychological assessment is the possible key to a
reconsideration of future contact...
M
(Children) (Contact: Long Term Best Interests) [2005] EWCA Civ
1090 - open - <Back
to Top>
“Justice to the children and the
deprived parent require the Court to leave no stone unturned that might resolve
the situation and prevent long term harm to the children.” “Includes
the Court directing a psychiatric or psychological assessment from an expert
experienced in dealing with families with children with problems of this kind.”
“…the Court should not stand by and take no positive action.”
G (A
Child) [2006] EWCA Civ 348 -
open - <Back
to Top>
The
Court should “pursue all possible avenues to the resumption of direct contact”
established in particular in G (A Child) [2006] EWCA Civ
348. "Whatever the difficulties,
however scant the prospects of success, the courts must not relent in pursuit
of the restoration of what had been a natural relationship between father and
daughter, absent compelling evidence that the welfare of the child requires
respite."
Re P
(Children) [2008] EWCA Civ 1431, [2009] 1 FLR 1056 - open - <Back
to Top>
“Where an intractable dispute has
resulted in the children refusing to see their father ,
the court should not terminate direct contact until every avenue has been
explored , including counselling or therapy for the parents.” See paragraphs 37
& 38.
Re A (Suspended Residence Order) [2009]
EWHC 1576 (Fam) COLERIDGE J - <Back
to Top>
'a crucial measure of
a resident parents 'good enough' parenting is whether they promote frequent and
continuous contact with the non resident parent.' - Dr Cameron
S
(Children) [2010] EWCA Civ 447 - open
- <Back to Top>
It would be “wrong to proceed on the basis
of wishes and feelings alone..” and “…wishes and
feelings are secondary to their welfare..”.
TE v
SH and S [2010] EWHC 192 - open - <Back to Top>
“It would be … inappropriate
..to proceed on the basis that expressed wishes and feelings should
necessarily be taken at face value. They need to be assessed in the light of
[S's] age and understanding. The impact of alienation upon the reliability of
those wishes and feelings and the signs (albeit modest) that they may not in
fact reflect his true feelings, are matters to be taken into account when
assessing the weight to be attached to them”.
Support
The Custody Minefield offers support forums
where you can ask our team of experienced support staff questions about family
law, the courts and separation. Collectively, we have answered more than 10,000
posts on other family law related support forums. Visit our Support Forum Page on
The Custody Minefield website to find out how to register.