O v C

O v C

The findings made by the district judge based on Ms Gill's assessment do not have proper status under current legal principles, as they were not based on a factual investigation of the mother's specific behaviours required by the Family Justice Council guidance. There are no findings with a solid foundation that the mother alienated the children, and accordingly, no findings to actually set aside.

Parties
Applicant: O; Respondent: C
Jurisdiction
England and Wales
Judgment Date
23 October 2025
Procedural Posture
Children Act Proceedings / Application to Set Aside Previous Findings
Outcome
Application to set aside findings dismissed; previous findings based on Ms Gill's assessment should not stand for future assessments.
Legal Topics
Parental Alienation, Expert Evidence, Reopening Findings, Children's Welfare
Family Law Child Welfare Parental Alienation Expert Evidence Reopening Findings Children's Welfare

Case Brief

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Parties

O

Applicant

C

Respondent

Procedural Posture

Children Act Proceedings / Application to Set Aside Previous Findings

Legal Issues

  1. 1 Whether previous findings based on expert assessment should be set aside
  2. 2 Appropriateness of expert evidence in determining parental alienation
  3. 3 Legal framework for reopening findings of fact

Ratio Decidendi

The findings made by the district judge based on Ms Gill's assessment do not have proper status under current legal principles, as they were not based on a factual investigation of the mother's specific behaviours required by the Family Justice Council guidance. There are no findings with a solid foundation that the mother alienated the children, and accordingly, no findings to actually set aside.

Court Disposition

Application to set aside findings dismissed; previous findings based on Ms Gill's assessment should not stand for future assessments.

Orders

  • Ms Gill's report to be excluded from future assessments.
  • Cafcass to prepare a section 7 report for the court.