A really important judgement in family court establishes case law against the use of unregulated “experts” to “diagnose” the junk science of “parental alienation” which has led to many children being taken from loving mums and forced to live with violent fathers. 

This judgement, by the President of the Family Court MacFarlane, overturned a previous ruling where District Judge G Smith had refused to hold a fact-finding as he should have because the mother had reported domestic violence.  Instead, Judge Smith agreed to CAFCASS instructing Melanie Gill, so-called parental alienation “expert” who “diagnosed” that the mother was alienating the children against the father (even though they saw him regularly) and said there was no need for a fact-finding because the mother’s behaviour was a reaction to trauma in her own childhood, and therefore whether there was domestic violence or not, wouldn’t matter!   Shockingly, the judge agreed, so did CAFCASS. The children were only 6 and 9 years old and had lived with their mother their whole lives and were victims of domestic abuse in their own rights. But their views were ignored and they were immediately sent to live with their father, with a no-contact order against the mother, who was forbidden to see them for 6 years!

MacFarlane says: “The decision by the judge at the fact-finding hearing (a) to hear the evidence of Ms Gill first, and (b) to hear no other evidence before deciding that he accepted her analysis and recommendations, was a fundamental error”.

At age 15 the younger child ran away from the father to be with his mother but because of the no contact order was forcibly removed by the police and social services, put in foster care before going to live with a family friend. Eventually the case got back to court and he was able to get legal representation himself (from Peggy Ray at Goodman Ray solicitors).  

For many years Macfarlane has refused to stop allegations of “parental alienation” being used in family court against mothers and refused to end the use of Melanie Gill, or any other unregulated expert, in family court. No doubt his reluctance comes from his close connections to misogynist fathers’ groups, abd the same applies to CAFCASS.

However, in this judgement he now says:

“In any event, it is now clear that an individual, such as Ms Gill, who holds themselves out to be a psychologist, but who is neither registered with the HCPC nor chartered by the BPA, should not have been instructed to provide a psychological assessment at any stage of Family Court proceedings relating to children . . .

It is a matter of concern, . . .  that the proposal that Ms Gill should be appointed as the expert psychologist was made by the children’s guardian and the solicitor for the children, and endorsed by the court”.

The full judgement Re Y (Experts and Alienating Behaviour: The Modern Approach)

It is outrageous that for at least 15 years (and in 200 cases) Melanie Gill has been employed in the family courts to continue causing untold harm to children and their mothers by recommending separation.  If you or anyone you know has had children taken under these circumstances, going back to court to overturn the judge’s decision is now much more possible. 

“ . . . those seeking to challenge such a finding can go back to the first instance court either under FPR 2010, Part 18, or apply for past findings to be reopened as part of a substantive application to discharge or vary existing orders. (Use Form C100)

MacFarlane must order an urgent thorough review of all cases where Melanie Gill’s “evidence” has been used to force children to live with violent fathers and deny them contact with their mothers. The court must immediately issue invitations to mothers AND children to return to court, and any cases currently in proceedings involving Melanie Gill or any other unregulated expert must be stopped immediately.