On 9 March 2026 the Family Court gave a fact-finding judgment in Re A, a child case where one parent alleged domestic abuse and the other alleged alienating behaviour, after all parties agreed to limit the hearing.
Key facts
- Who: Parents and a child in a Family Court case where allegations of domestic abuse and of alienating behaviour were made
- From: 9 March 2026 (judgment date)
- Source: A (A Child) (Fact-finding: domestic abuse and alienating behaviour), Re [2026] EWFC 58 (B)
The Family Court, sitting at Canterbury, heard the case before Recorder Cragg KC on 25, 26 and 27 February 2026. The judgment was handed down remotely on 9 March 2026. It was given in private and is published on condition that the anonymity of the child and family is strictly preserved.
Background
The case concerns a child, A, whose parents are F (the father, the applicant) and M (the mother, the first respondent). The parents separated and A has continued to live with M. F applied for a child arrangements order, a specific issue order and a prohibited steps order. Direct contact between F and A has not been meaningful for some time, and attempts at indirect contact have not been successful.
A was joined as a party and is represented by a NYAS caseworker. The court had the Scott Schedules of allegations filed by both parents, witness statements, reports and assessments, and some notes and journal entries written by A. An earlier judge decided which of the parents' allegations the court should determine.
The question
The case was listed for three days. The plan was to make findings of fact at the end of day two on the schedules of allegations, then hear further evidence before a final ruling.
On the first day, all parties submitted that only a fact-finding hearing was appropriate at this stage. They gave two reasons.
First, the President had given judgment on 20 February 2026 in Re Y (Experts and Alienating Behaviour: The Modern Approach) [2026] EWFC 38. It was relevant to cases where one party alleges domestic abuse and the other alleges parental alienation. The Recorder said the President set out a procedure for such cases under which expert evidence is ordered only once the court has completed its fact-finding exercise on the allegations, as appropriate.
Second, the NYAS report concluded that A had an absolute point of view that she would not meet her father, and that contact at present would not be appropriate without the necessary therapeutic work.
The decision
The Recorder agreed with the parties, and the hearing proceeded as a fact-finding hearing only. The court heard evidence from M, from a psychologist instructed in the case, referred to as Mr R, and from an Early Help worker, among others.
What this means for parents and carers in children cases
In this case, where allegations of domestic abuse and of alienating behaviour were both made, the court limited the hearing to deciding the facts first. Further evidence and a final ruling were left for a later stage. The parties relied on the procedure in Re Y, under which expert evidence is ordered only after fact-finding.
If you are involved in a children case with allegations of this kind, read the court's directions carefully. They set out which allegations will be decided and when. If a hearing date or direction is approaching, get legal advice before it passes.
Sources
- A (A Child) (Fact-finding: domestic abuse and alienating behaviour), Re [2026] EWFC 58 (B), Family Court, 9 March 2026