Legal resources

Some important recent rulings:

 

'It is clear that the child's expressed views are that she wishes to remain living with the mother (…) However, all of her views have to be assessed having regard to the fact that they are distorted by the prism of alienation.'

Neutral Citation Number: [2020] EWHC 1940 (Fam)

Link

'...the obligation on the court is to keep the child’s medium to long term welfare at the forefront of its mind and wherever possible to uphold the child and parent’s right to respect for family life before it is breached. In making its overall welfare decision the court must therefore be alert to early signs of alienation.'

Neutral Citation Number: [2020] EWHC 1940 (Fam)Link

'I accept that whilst there will be short-term harm and distress for the child as a result of moving to the father's care, underlying the current estrangement lie the foundations of a positive and beneficial relationship between the child and her father.’

Neutral Citation Number: [2020] EWHC 1940 (Fam)Link

'the manipulation of the child by the other parent need not be malicious or even deliberate. It is the process that matters, not the motive. Where a child’s relationship with one parent is not working for no apparent good reason, signs of alienation may be found on the part of the other parent. These may include portraying the other parent in an unduly negative light to the child, suggesting that the other parent does not love the child, providing unnecessary reassurance to the child about time with the other parent, contacting the child excessively when with the other parent, and making unfounded allegations or insinuations, particularly of sexual abuse.'

[2020] EWCA Civ 568), Lord Justice McCombe, Lady Justice King and Lord Justice Peter Jackson, sitting in the Court of Appeal (Civil Division)Link

 

Case law

Neutral Citation Number: [2020] EWHC 3366 (Fam)

Case No. FD19P00058

IN THE HIGH COURT OF JUSTICE

FAMILY DIVISION

Date: 24 February 2021

Before: MR JUSTICE KEEHAN

A and B (Parental Alienation: No.1, No.2, No.3 and No.4)

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Neutral Citation Number: [2020] EWHC 1940 (Fam)

Case No: ZC19P00137

IN THE HIGH COURT OF JUSTICE FAMILY DIVISION

Date: 15 July 2020

B e f o r e : MR JUSTICE WILLIAMS

Re S (Parental Alienation: Cult: Transfer of Primary Care)

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Neutral Citation Number: [2020] EWCA Civ 568

Case No: B4/2020/0318IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE CENTRAL FAMILY COURT

HHJ Meston QCZC19P00137

Royal Courts of Justice Strand, London, WC2A 2LL

Date: 29 April 2020

Before: LORD JUSTICE McCOMBE, LADY JUSTICE KING and LORD JUSTICE PETER JACKSON

Re S (Parental Alienation: Cult)

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Application no. 23641/17

EUROPEAN COURT OF HUMAN RIGHTS

Strasbourg

Date: 29 January 2020

Case of Pisică v. the Republic of Moldova

Art 8 • Respect for family life • Failure to enforce final judgment awarding mother custody • Children’s alienation from their mother • Failure to act with requisite diligence • Positive obligations

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