header-logo header-logo

05 May 2023 / Sarah Keily
Issue: 8023 / Categories: Features , Family , Procedure & practice , Expert Witness
printer mail-detail

Unregulated experts & the need for clarity

With the courts confirming there is no way to define an ‘expert’ in family proceedings, Sarah Keily stresses the need for caution until change is effected
  • It is ultimately the decision of the court in each case to determine if a person is an expert.
  • Practitioners should exercise caution if an unregulated expert is proposed.
  • HCPC registration is the ‘kitemark’ of qualification.
  • Parental alienation is not a syndrome—it is a process of alienating behaviours and fundamentally a question of fact.

The president of the Family Division, Sir Andrew McFarlane, recently gave judgment in the case of Re C (‘parental alienation’; instruction of expert) [2023] EWHC 345 (Fam), [2023] All ER (D) 69 (Feb). The judgment provides guidance to family law practitioners about the instruction of unregulated experts, in particular in cases where parental alienation is alleged.

Background

These long-running proceedings relate to the arrangements for two children, now aged 11 and 13, where contact with their father had broken down and the father alleged that the mother had alienated the children from him.

Following

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll