What the Modern Approach Means in Practice

The President’s decision in Re Y represents a significant reshaping of the Family Court’s approach to expert evidence and allegations of alienating behaviour. The case concerned two children removed from their mother in 2019 on the basis of findings that she had alienated them from their father — findings relying primarily on the opinion of an expert who was neither registered with the HCPC nor chartered by the BPS. Following the mother’s application, the court set aside all previous findings, concluding that the process adopted in 2019 was fundamentally flawed and inconsistent with what is now considered good practice. This analysis offers clear practical guidance for solicitors and barristers on what the judgment changes about sequencing, expert instruction, and fact-finding.

Source: GT Stewart Solicitors, 10 March 2026