The recent decision of Re Y [2026] EWFC 38 has been described as a landmark judgment for anyone involved in private children proceedings. The case is a stark reminder of the dangers of reaching conclusions about parental alienation before the court has properly determined allegations of domestic abuse.
In perhaps one of the most troubling family law cases of recent years, a mother lost her relationship with her children for more than five years following findings that she had alienated them from their father. Those findings have now been set aside by the President of the Family Division, who concluded that the original process was fundamentally flawed.
The judgment provides crucial guidance for parents, solicitors, Cafcass officers and the courts when dealing with allegations of alienating behaviours.
The background
The parents separated in 2014 and became involved in Children Act proceedings concerning their two children.
Serious allegations were made by both parents, including allegations of domestic abuse and coercive and controlling behaviour. A fact-finding hearing had been proposed to determine the truth of those allegations. However, before that happened, a psychologist was instructed and concluded that the mother was displaying alienating behaviours towards the father.
Relying heavily on that opinion, the court found that the mother had alienated the children and ordered that they should move to live with their father. The mother’s allegations of domestic abuse were never determined.
What happened at the final hearing?
This was the issue at the heart of the President’s criticism.
Rather than hearing evidence from the parents and deciding what had happened between them, the court accepted the psychologist’s conclusions first.
The court effectively treated the expert’s analysis as the answer to the case before the factual allegations had been established. The President made it clear that this is the wrong approach.
Judges determine facts. Experts assist the court after the facts have been established.
The Devastating Consequences
The consequences for the mother were profound.
The children moved to live with their father. Contact with their mother stopped entirely. For more than five years she had no meaningful relationship with them.
Her attempts to challenge the decisions were unsuccessful and her refusal to accept the findings was interpreted as a lack of insight.
In 2025, matters came to a head when the children themselves sought out their mother. One child even left the father’s home to be with her. These events ultimately led to the earlier decisions being scrutinised.
Why was the case reopened?
The mother applied to set aside the findings.
By this stage, the law concerning parental alienation and alienating behaviours had developed significantly.
There was increasing judicial and professional concern about situations where allegations of alienation were being considered without first addressing allegations of domestic abuse.
The President was also concerned about the expert evidence relied upon in the original proceedings and whether the court had placed too much weight upon it.
The court’s decision
The President of the Family Division set aside the previous findings. The court concluded that the original proceedings had been fundamentally flawed because the proper factual foundation had never been established. Importantly, the judgment reaffirmed a key principle:
The court must determine the facts before expert opinions can properly be evaluated.
The findings relating to alienating behaviours could no longer stand.
The key guidance from Re Y
The judgment provides several important lessons for future cases:
Domestic abuse allegations matter
Where allegations of domestic abuse are raised, those allegations should generally be determined before considering claims of alienating behaviour.
Judges find facts
Experts do not decide whether alienating behaviours have occurred. That remains a matter for the court.
Experts must be properly qualified
The court emphasised the importance of appointing appropriately qualified and regulated experts.
Alienation is not a shortcut
A child’s resistance to spending time with a parent does not automatically mean they have been alienated. There may be many explanations, including a genuine response to previous experiences.
Practical lessons for parents
If you are involved in children proceedings, Re Y provides some important reminders:
- Ensure allegations of domestic abuse are properly investigated.
- Do not assume that an expert’s view is the final word.
- Make sure the court has all relevant evidence before major decisions are made.
- Seek legal advice early if findings are proposed without the underlying facts being determined.
- Remember that decisions made during proceedings can have life-changing consequences for both parents and children.
How I can help
As a specialist family solicitor dealing exclusively with children matters, I regularly advise parents involved in cases concerning:
- Child arrangements;
- Allegations of domestic abuse;
- Fact-finding hearings;
- Cafcass involvement;
- Alienating behaviours;
- Enforcement and variation applications; and
- Urgent applications concerning children.
The decision in Re Y reinforces the importance of robust preparation, careful analysis of evidence and ensuring that the court has the full factual picture before life-changing decisions are made.
If you are involved in a children dispute and would like advice about your options, please get in touch.
How can we help?
Rina Mistry is a Legal Director in our Family Law team, advising on a wide range of family law work, and in particular specialising in private children law, international family matters, and domestic abuse.
If you need legal advice on this subject and or advice on any other subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our solicitors can provide, along with details of our hourly rates.
For more information or advice, please call Rina or another member of our team in Derby, Leicester, or Nottingham on 0808 258 0461 or contact us via our online form.
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