Re GB (Part 25 Application: Parental Alienation)

Re GB (Part 25 Application: Parental Alienation)

The lower court erred by permitting expert evidence without applying the necessity test, failed to adjudicate on disputed issues, and gave no reasons for its decision, rendering the order wrong and unjust.

Parties
Appellant: AM; 1st Respondent: RF; 2nd Respondent: G; 3rd Respondent: B
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family Appeal / Appeal From District Judge's Case Management Order
Outcome
Appeal allowed; lower court's order set aside; application for expert evidence remitted for further hearing.
Legal Topics
Parental Alienation, Expert Evidence, Case Management, Appeal Procedure
Family Law Child Welfare Parental Alienation Expert Evidence Case Management Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

AM

Appellant

RF

1st Respondent

G

2nd Respondent

B

3rd Respondent

Procedural Posture

Family Appeal / Appeal From District Judge's Case Management Order

Legal Issues

  1. 1 Whether the lower court erred in permitting expert evidence on parental alienation
  2. 2 Whether the necessity test under Part 25 Family Procedure Rules was applied
  3. 3 Whether reasons were given for ordering a psychological assessment

Ratio Decidendi

The lower court erred by permitting expert evidence without applying the necessity test, failed to adjudicate on disputed issues, and gave no reasons for its decision, rendering the order wrong and unjust.

Court Disposition

Appeal allowed; lower court's order set aside; application for expert evidence remitted for further hearing.

Orders

  • Order permitting expert evidence set aside.
  • Application for expert evidence remitted for further hearing.