Instructing Experts in Children Cases - An Update with Safda Mahmood

Introduction

It will often be the case that in children proceedings, both private and public, there will be a requirement to instruct an expert.

Are you familiar with what the expectations are?

When you can make the application by, and in what form?

What are the criteria, and what about funding the application?

These and other questions will be answered in this webinar

What You Will Learn

This webinar will cover the following:

• Type of experts used in private and public children law proceedings
• Applications pursuant to Part 25 FPR 2010
• When to apply for permission, application notice, and position once permission has been granted
• Use of Section 13 Children and Families Act 2014
• Use of S.38(6) CA 1989
• Is it an assessment or therapy? Does the difference matter?
• Copies of documents and action after the final hearing
• How can written questions be used and ensure efficient running of cases
• President’s Memorandum on Experts in the Family Court and views from the Presidents Chambers into 2025
• Key case law, including H - L
• Guidance on use of psychologists as expert witnesses guidance from Family Justice Council and BPS
• Is it therapy or counselling or assessment? Consideration of Re Y
• Developments in the use of s.38(6) following Re G
• Situations where the court will allow psychological assessments - consideration of Re E
• Limitations in the use of experts surrounding alienating behaviour cases
• Use of intermediaries - is it to be a Part 25 application? Consideration of X and Y (intermediary: Practice and Procedure) [2024]
• Assessment of risk following A Local Authority v Mother, Father and R [2024]
• President's Guidance on the use of intermediaries, lay advocates and cognitive assessments in the Family Court - January 2025

This pre-recorded webinar will be available to view from Friday 22nd August 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.