*Re C (A Child) (Procedural Requirements of a part 25 Application)

Family proceedings – Evidence. The justices had, in the course of private family law proceedings, ordered that an expert be instructed to conduct a psychological assessment of the father. The mother's application for such a report had been made orally during submissions before the court. The Court of Appeal, Civil Division, set that order aside. The justices had failed to comply with the statutory and procedural scheme provided by FPR Pt 25 and PD 25 and s 13 of the Children and Families Act 2014 in respect of the instruction of experts. Further, it had been unlawful to make a mandatory direction that the father undergo what was a form of medical procedure. Finally, the justices had erred in the manner in which they had approached payment of the cost of the report. Guidance was given on the fair process to be afforded to litigants in person whose language was not English.

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