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22 September 2023 / David Emmerson OBE
Issue: 8041 / Categories: Features , Family , Divorce
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Parental alienation: a hostile environment?

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How can the courts define & deal with cases of parental alienation? David Emmerson weighs up the causes of unjustified hostility & the importance of maintaining family contact
  • Parental alienation cases, although rare, can be very challenging for the courts to deal with, given the difficulties in defining it and the fact that maintaining contact with both parents may not always be in the best interests of the children.

Parental alienation is fairly rare, but when it happens it is devastating for the children and the alienated parent.

A sorry tale

In the case of Re A and B (Children: ‘Parental Alienation’) (No 5) [2023] EWHC 1864 (Fam) in July 2023, Mr Justice Keehan gave his fifth major judgment in a difficult case that has lasted a number of years. In the case, the mother had been found to have alienated the children against the father. The judge made a substantial series of findings of fact against the mother in respect of her alienating behaviours, the judge having previously

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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