header-logo header-logo

Hard decisions

09 September 2010 / Claire Sanders
Issue: 7432 / Categories: Features , LexisPSL
printer mail-detail

Claire Sanders reports on the complexities of high conflict cases

Who would want to be in the shoes of the judge who has to decide whether the residence of a 12 -year-old boy (S) should be transferred from his primary carer mother to his father from whom the child had become alienated and described as a “monster”? That was the unenviable position of HHJ Bellamy in the case of TE v SH and S [2010] EWHC 192.

S’s parents had separated before his birth and he had always lived with his mother (M). Children proceedings began when he was aged one. Although contact had taken place between S and his father (F) it had broken down in 2006 and no direct contact had taken place since.

Proceedings

It was found within the proceedings that S was alienated from F. The expert, Dr Weir described the concept of alienation as “children who show an extraordinary degree of animosity to a parent with whom they had once had a loving relationship”.

HHJ Bellamy held that the decision

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll