Examining current guidance on the use of experts in cases involving allegations of alienating behaviour

Laura O’Malley, Barrister at No 5 Chambers

This article considers the recent guidance on the use of experts in cases involving allegations of alienating behaviour and the need for the courts and practitioners alike to heed the words of Sir Andrew McFarlane PFD to keep their “eyes wide open” when it comes to identifying and instructing experts and in particular those experts who are neither regulated or chartered. To explore this particular issue, this article focuses on the recent appeal case of Re C (‘Parental Alienation’; Instruction of an Expert) [2023] EWHC 345 (Fam). Whilst the substance of the appeal related to the fact finding undertaken, The President utilised this opportunity to provide further guidance on what he considered to be a “central issue of more general importance” namely the instruction of experts in proceedings where there is an allegation of alienation.

The full article will be published in the May issue of Family Law. 

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Read the full article here.