UK mother separated from children for years has ‘draconian’ order overturned | Family law

The mother, who could not see her children who were taken away by the family courts for about 6 years, was reunited with her son after the evidence used in the case was corrupted.

Lawyers told the high court that an assessment by an unsupervised psychologist resulted in “extraordinary” and “cruel” decisions that effectively ended his relationship with his children.

The district judge followed advice from psychologist Melanie Gill that Erin* had turned her daughter and son against their father and should be banned from contacting them.

Gill also advised that there was no need to investigate parents’ cross-claims of domestic abuse. This meant that the mother’s allegations of serious physical and sexual assault against the father were not investigated.

In December 2019, the court decided to remove the children from their mother and full custody was given to the father. They were nine and 12 years old at the time. Erin didn’t see or talk to them again until last year.

But last month Britain’s most senior family judge “set aside” the court’s original findings, which were based on the conclusions of Gill, who claimed to have acted as an expert witness in nearly 200 cases.

The findings in a case in which he testified for the second time in six months were rejected by the high court.

The hearing on January 29 heard the decision left Erin feeling “like there was a noose around her neck for six years”. In an interview With the Bureau of Investigative Journalism “It wasn’t just me. The children were cut off from all their families and friends. 50 percent of their identities were taken away overnight.”

It was claimed that even when the children voiced their allegations of abuse, they were silenced due to the process initiated by Gill’s statements.

Lawyers told the high court that mistakes and missed opportunities by every professional involved in the case failed to protect the brothers.

The mother’s previous attempt to appeal was blocked and she launched a new appeal seven months ago.

The case took a dramatic turn in November when his teenage son, Dylan, ran away from his father’s home and hired his own lawyer. After being in foster care for a while reunited with his mother They are celebrating their first Christmas together in six years.

Unusually, the teenager, represented by his own legal team, was in court for his mother’s legal bid, overseen by family division chairman Sir Andrew McFarlane.

The 15-year-old sat at the front of the courtroom as Jo Delahunty KC told McFarlane how her young client had lost all trust in professionals and become lonely, fearful and isolated under his father’s care.

McFarlane made a new order for the child to live with his mother. It has yet to announce its decision, which is expected to outline a roadmap for similarly affected families seeking to take their cases back to court.

McFarlane said: “Melanie Gill sees this as a sort of vendetta against her. This is much bigger than just one person. This is about the court dealing properly with allegations and cross-claims.”

After the hearing, Dylan said he finally felt heard, adding: “I’m so grateful to finally be home with my mom and feel happy again.”

The children’s father, who constantly denied the allegations against him, chose not to attend the hearing in January. The girl, now 18, was not a party to the case.

Erin’s legal team cited “compelling” new information that led to the successful challenge. including this guidance Since December 2024, the ruling says courts must not use experts to investigate “parental alienation” (the idea that a child rejects one parent because he or she is being manipulated by the other).

The guide also stated that psychologists should be arranged to evaluate families on behalf of the courts. However, judges are allowed to appoint whomever they wish, including unregulated experts.

Gill maintains that he is qualified to fulfill the role of expert witness in family cases and has many years of specialist training and expertise.

The government is working with the committee to set rules for family courts to ban unregulated experts, following a public consultation last year that received 60 submissions.

*Names have been changed to protect the identities of those involved