GB (Part 25 Application: Parental Alienation) [2023] EWFC 150 (30 August 2023)

GB (Part 25 Application: Parental Alienation) [2023] EWFC 150 (30 August 2023)

The lower court erred by permitting expert evidence on parental alienation without applying the necessity test, failed to adjudicate disputed issues by reference to relevant legal principles, and did not provide reasons for its decision; thus, the order must be set aside.

Citation
[2023] EWFC 150
Parties
Appellant: AM; Respondent: RF; Second Respondent: G; Third Respondent: B
Jurisdiction
England and Wales
Judgment Date
30 August 2023
Procedural Posture
Family Law Appeal / Appeal From Case Management Order
Outcome
appeal allowed
Legal Topics
Expert Evidence, Parental Alienation, Case Management, Children's Welfare
Family Law Expert Evidence Parental Alienation Case Management Children's Welfare

Case Brief

Summary, issues, holding and outcome

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Parties

AM

Appellant

RF

Respondent

G

Second Respondent

B

Third Respondent

Procedural Posture

Family Law Appeal / Appeal From Case Management Order

Legal Issues

  1. 1 Whether the lower court erred in permitting expert evidence on parental alienation
  2. 2 Whether the test of necessity under Part 25 FPR 2010 was properly applied
  3. 3 Whether the lower court failed to provide reasons for its decision

Ratio Decidendi

The lower court erred by permitting expert evidence on parental alienation without applying the necessity test, failed to adjudicate disputed issues by reference to relevant legal principles, and did not provide reasons for its decision; thus, the order must be set aside.

Court Disposition

appeal allowed

Orders

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