Q&As

When is permission required to file expert evidence in children proceedings?

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Published on LexisPSL on 22/08/2014

The following Family Q&A provides comprehensive and up to date legal information covering:

  • When is permission required to file expert evidence in children proceedings?
  • Legislative provisions
  • When should permission be applied for?
  • How is permission applied for?
  • Single or joint expert?
  • What will the court take into account?

Legislative provisions

The legislative provisions regarding expert evidence are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 25 and the linked practice directions. In addition, in relation to children proceedings, provisions as to expert evidence are at section 13 of the Children and Families Act 2014 (CFA 2014) and provide:

  1. an expert may not be instructed to provide expert evidence for use in children proceedings without the permission of the court and where in contravention of CFA 2014, s 13(1) a person is instructed to provide expert evidence, evidence resulting from the instructions is inadmissible in children proceedings unless the court rules otherwise

  2. a child may not be medically or psychiatrically examined without the court's permission or otherwise assessed for the purposes of the provision of expert evidence in children proceedings and where in contravention of CFA 2014, s 13(3) a child is medically or psychiatrically examined or otherwise assessed, evidence resulting from the examination or other assessment is inadmissible in children proceedings unless the court rules otherwise

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