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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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