Family Court judgments 2021 

[2021] EWHC 108 (Fam)

Judge: Nicholas Mostyn

The mother had abducted the children from Italy to England and then alienated them from the father. The judge ruled that they must be returned to Italy.

[2021] EWFC 18

26 February 2021

Judge: Elizabeth Isaacs

Expert: Mark Berelowitz

Anarkali Musgrave for the father

Transparency Project

[2021] EWHC 891 (Fam)

2 March 2021

Judge: David Williams

June Venters for the father

F v M & Ors [2021] EWHC 553 (Fam)

11 March 2021

Judge: Frances Judd

The judge rejected the mother’s allegations of child sexual abuse, but stated: “I have not found that her campaign to seek justice, though misguided, was cynical.”

[2021] EWFC B14

17 March 2021

Judge: David Williams

Expert: Alice Rogers, independent social worker: Francisca Serrette

Father alleged to have alienated 15 year old boy against mother. Bridging placement in foster care was found to be more harmful than the boy living with the father.

[2021] EWHC 819

30 March 2021

Judge: Lady Justice Jennifer Roberts

Family Law Week

The judge died on 10 June 2024.

[2021] EWFC B24

19 April 2021

Justice Vincent authorised the removal of parental responsibility from a father who had tried to stab the mother to death while she was walking their child home from school, and also allowed the child to change her surname. The father accused the mother of parental alienation.

[2021] EWFC B101

24 June 2021

Judge Lindsay Davies - parental alienation diagnosed by unnamed expert, later named in [2022] EWFC 89 as Melanie Gill.

[2021] EWHC 1822 (Fam)

2 July 2021

Judge Frances Judd allowed an appeal by the mother against Recorder Glancy’s case management decision to exclude evidence of a course of coercively controlling behaviour, while the father counter-alleged parental alienation by the mother.

[2021] EWFC B54

6 July 2021

Judge: Joanna Vincent

Expert: Peter Misch

Cafcass guardian: Charley Hampshire, who developed the Cafcass Positive Parenting Programme.

Note: Joanna Vincent instructed Peter Misch in [2017] EWFC B35, the case where the mother was found guilty of parental alienation even though the father had smashed her teeth in.

[2021] EWHC 3846 (Fam)

7 July 2021

Judge: Frances Judd

Experts: Mark Berelowitz, Anna Freud Centre

15 year old girl permitted to live with mother six years after transfer of residence to father and repeated refusal of separation legal representation for girl. Parental alienation not explicitly mentioned.

[2021] IEHC 556 - Ireland

21 July 2021

Judge: Bronagh O’Hanlon

Experts: Jim Sheehan, Brian O’Sullivan, Caoimhe Nic Dhomhnaill

[2021] EWHC 2492

29 July 2021

Judge: Nicholas Holman

The judge allowed the return of a 15 year old girl’s passport to permit her to visit maternal family in Siberia, against the wishes of the father, who claimed his daughter had been subjected to a prolonged campaign of parental alienation by the mother and maternal grandmother. The mother was to remain in the UK and would be jailed and prevented from seeing her daughter for a long time if the daughter failed to return to the UK.

[2021] EWFC B60

30 July 2021

Judge: Joanna Vincent

Expert: Peter Misch

[2021] EWFC B58

19 August 2021

Judge: Jonathan Whybrow

Expert: Darren Spooner

To be read in conjunction with [2021] EWFC B57 (February 2021)

Jonathan Whybrow is the Designated Family Judge for Humberside and North Lincolnshire, appointed by Sir Andrew McFarlane.

Lucy Reed, Transparency Project:

Stumbling across a paradigm case - Introduction

Stumbling across a paradigm case - Part 2

Stumbling across a paradigm case - Part 3

Stumbling across a paradigm case - Part 4

B v C (private law - allegations of parental alienation) [2021] EWFC B61

6 September 2021

Judge: Joanna Vincent

Expert: Nick Woodall

Cafcass guardian: Charley Hampshire, who developed the Cafcass Positive Parenting Programme.

[2021] EWHC 2687

14 September 2021

Judge: Richard Harrison

Transfer of residence from mother in England to father in Hungary under the Hague Convention. The Hungarian authorities had found the mother’s allegations of child sexual abuse to be unfounded, and the English authorities agreed.

[2021] EWHC 2473 (Fam)

20 September 2021

Judge: Jeremy Richardson

Phillip Hartley was committed to prison for ten months to serve half the term and ordered to pay the Attorney General’s costs of £22,423 for contempt of court for repeatedly publishing offensive material about the mother of his children and family court professionals. Phillip Hartley was a campaigner in the parental alienation lobby and claimed to be a victim of parental alienation.

Reported in the Doncaster Free Press.

[2021] EWHC 2642 (Fam)

29 September 2021

Judge: Jennifer Roberts

Analysis by Lucy Reed

The judge died on 10 June 2024.

[2021] EWHC 3077 (Fam)

12 November 2021

Judge: David Williams

[2021] EWCA Civ 1749

23 November 2021

Judges: Eleanor King, Guy Newey, Richard Arnold

Psychologist: Denise McCartan

Parental alienation not mentioned.

[2021] NIFam 45

24 November 2021

Judge: David McFarland

Mother died. Daughters aged 15 and 16 wanted to remain living with grandmother. Father claimed parental alienation and demanded an expert, which was refused. His appeal was dismissed.

[2021] EWFC B91

15 December 2021

Judge: Louise O’Neill

Expert: Graham Flatman

Independent social worker: Alison Bushell

Counsel for NYAS for the children’s guardian: Jack Harrison

[2021] EWHC 3615 (Fam)

16 December 2021

Judge: Nathalie Lieven following from judgment by Michael Keehan

Experts: Julet Butler and Gabrielle Gregory

Father’s barrister: Victoria Clifford

Children’s guardian: Miss Lock

Local authority: Wolverhampton City Council

Two boys aged 14 and 16 were in foster care since removal from their mother in July 2020, but were extremely unhappy and wanted to return to their mother. They had weekly supervised contact with the mother and older brother. Application by father, who was no longer pursuing contact with the boys, to further reduce their contact with the mother and older brother “to an absolute minimum”. The boys and their older brother, who had remained with the mother as he was almost 18 at the time of Keehan’s fact finding, had made numerous allegations of physical, sexual and emotional abuse against the father and paternal family. In his fact finding, Keehan had ruled that all of these allegations were false and not discouraged by the mother. Mrs Justice Lieven made an order for the boys to be allowed to live with their mother, on the grounds that keeping them in foster care against their wishes was causing them greater harm than the risk that the mother and older brother would encourage their “false narrative”.