B v N [2002] JCA 135 (18 July 2002)

B v N [2002] JCA 135 (18 July 2002)

The Royal Court's exercise of discretion was flawed by failing to requisition an updated psychiatric report to address the possibility of Parental Alienation Syndrome; the Court of Appeal ordered appointment of a psychiatrist to review all relevant papers and report to the Royal Court, enabling informed directions on access.

Citation
[2002] JCA 135
Parties
Petitioner/respondent: B; Respondent/appellant: N
Jurisdiction
Jersey
Judgment Date
18 July 2002
Procedural Posture
Appeal / Application for Leave to Appeal Out of Time and Appeal From Royal Court Decision
Outcome
Leave to appeal out of time granted; appeal largely refused except as to appointment of psychiatrist for expert report.
Legal Topics
Parental Alienation Syndrome, Child Access, Appointment of Expert Witness, Appeal Procedure
Family Law Child Welfare Parental Alienation Syndrome Child Access Appointment of Expert Witness Appeal Procedure

Case Brief

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Parties

B

Petitioner/respondent

N

Respondent/appellant

Procedural Posture

Appeal / Application for Leave to Appeal Out of Time and Appeal From Royal Court Decision

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether the Royal Court erred in refusing to appoint a psychiatrist to assess the children for Parental Alienation Syndrome
  3. 3 Proper approach to resolving child access disputes where allegations of parental alienation are raised

Ratio Decidendi

The Royal Court's exercise of discretion was flawed by failing to requisition an updated psychiatric report to address the possibility of Parental Alienation Syndrome; the Court of Appeal ordered appointment of a psychiatrist to review all relevant papers and report to the Royal Court, enabling informed directions on access.

Court Disposition

Leave to appeal out of time granted; appeal largely refused except as to appointment of psychiatrist for expert report.

Orders

  • Leave to appeal out of time is granted.
  • An appropriate psychiatrist (Dr Carolyn Coverley, if available) is appointed to examine all relevant papers and report to the Royal Court on evidence of parental alienation syndrome or other matters relevant to access.