Source: All England Reporter
Publisher Citation: [2002] All ER (D) 372 (Oct)
Court: Court of Appeal, Civil Division

Thorpe, Rix and Arden LJJ

Representation Judith Parker QC and Deborah Eaton for the mother.
  Nicholas Mostyn QC and Timothy Bishop for the father.
Judgment Dates: 24 October 2002


Children - Contact order - Contact with father - Mother's opposition - Child's wishes - Allegations of father's unfitness - Child's alienation from father - Judge failing to investigate origins of child's alienation.

The Case

In contact proceedings, where a child's alienation towards the father was in issue, the judge had a quasi-inquisitorial role in investigating that matter. In the instant case, the judge had erred in failing to address the issue of the cause of the child's alienation sufficiently and that deficiency had been sufficiently serious to warrant allowing the father's appeal against the judge's order.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.