Damian Broadbent in C (A Child) [2025] EWFC 47 (B)
29th Apr 2025 | Cases
Damian Broadbent, instructed by Taylor Emmet, represented the First Respondent Mother in C (A Child) [2025] EWFC 47 (B); a final hearing of long-running private law proceedings concerning 12 year-old child, C. At the final hearing the court reversed an earlier transfer of residence and directed that the child live with the mother despite findings made against her of parental alienation.
At an earlier fact-finding hearing in January 2023, the court made findings of alienating behaviour against the mother and ordered that C reside with her father. The mother’s contact with C was completely suspended for a time, before re-starting in a supervised setting.
By July 2024, the case returned to court for a final hearing. Such were the judge’s concerns , he directed a Section 37 report and the final hearing was adjourned part heard. Despite acknowledging that C had suffered significant emotional harm, the local authority declined to initiate public law proceedings or fund therapy.
The court appointed expert psychologist Dr Downs and the children’s guardian recommended that C remain living with her father. With the Guardian recommended reducing C’s contact with her mother, suggesting professionally supervised sessions every six weeks. The father agreed.
The mother invited the court to return C to her care. Ultimately, her case was the C’s wishes and feelings should prevail.
Giving judgment the court was persuaded by the mother’s case and went against the recommendation of the children’s guardian and the expert psychologist. The court made a child arrangements order for C to return to her mother’s care.
