Family Courts: Expert Evidence
The question
To ask the Secretary of State for Justice, what assessment his Department has made of the potential impact of experts unregulated by the Health and Care Professions Council (a) diagnosing parental alienation and (b) advising courts on residence transfers on the outcomes of (i) general cases and (ii) where (A) mothers and (B) children have alleged abuse.
Answered by Alex Davies-Jones
The Government does not recognise the concept of “parental alienation” syndrome and does not think it is capable of diagnosis. Having reviewed relevant family court judgments and published guidance by various organisations, the Government recognises that there is a need to review the role of unregulated experts in the family courts.
The Government is already taking action on concerns about unregulated experts in family court proceedings. We are working with the Family Procedure Rule Committee on this issue to make changes to the Family Procedure Rules and their associated Practice Directions to restrict the instruction of these experts.
There are existing mechanisms within the family court system for a case to be reconsidered. A parent may apply to the family court to have an existing order varied or discharged. The court will consider all of the circumstances of the case and make any decision based on the welfare of the child, which is its paramount consideration.
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