President's judgment giving guidance on experts and alienating behaviour in private children cases (Re Y)
Family analysis: The President of the Family Division, Sir Andrew McFarlane, considered an application to set aside findings made against a mother in 2019 that had led to the transfer of her children's residence and no contact orders. He was critical of the way allegations of alienating behaviour had been managed and determined and concluded that every agency involved in the case could be seen to be at fault. He applied and upheld the December 2024 Family Justice Council Guidance on alienating behaviour, the September 2023 guidance issued jointly by the Family Justice Council and the British Psychological Society on the standards and competencies expected of psychologists acting as expert witnesses in family proceedings, and his earlier judgment in Re C (Parental Alienation: Instruction of Expert). He also upheld P v M and O v C. The President provides clear guidance on instructing expert psychologists, alienating behaviour and challenging previous findings. Sacha Lee, associate at Dawson Cornwell LLP considers the decision.