Mother Reunited with Son After Flawed Expert Evidence Overturned in Family Court
A mother in the United Kingdom, who was separated from her children for nearly six years after they were removed by family courts, has been reunited with her son following the overturning of flawed psychological evidence used in her case. The high court set aside "draconian" orders that had effectively terminated her relationship with her children, citing significant errors in the assessment process.
Flawed Psychological Assessment Leads to Severe Consequences
In 2019, a district judge relied on recommendations from unregulated psychologist Melanie Gill, who advised that the mother, referred to as Erin, had turned her daughter and son against their father and should be banned from seeing them. Gill also recommended against investigating cross-allegations of domestic abuse, meaning serious claims of physical and sexual assault made by Erin against the father were never examined. This led to the children's removal from their mother and sole custody granted to the father when they were nine and twelve years old.
Erin did not see or speak to her children again until last year, describing the experience as having "a noose around her neck for six years." She emphasized that the impact extended beyond her, stating, "The children were cut off from all their family and friends. They had 50% of their identity stripped away overnight." Lawyers argued that the process set in motion by Gill's evidence silenced the children, even when they raised allegations of abuse.
Systemic Failures and Legal Challenges
The case exposed broader systemic failures, with lawyers telling the high court that errors and missed opportunities by every professional involved failed to protect the siblings. A previous appeal attempt by Erin was blocked, but she launched a fresh application seven months ago. The situation took a dramatic turn in November when her teenage son, Dylan, ran away from his father's home, hired his own solicitor, and spent time in foster care before being reunited with his mother for their first Christmas together in six years.
Unusually, Dylan, represented by his own legal team, attended the high court hearing overseen by Sir Andrew McFarlane, president of the family division. Jo Delahunty KC described how Dylan had lost trust in professionals and felt lonely, fearful, and isolated in his father's care. McFarlane made a new order for Dylan to live with his mother and is expected to issue a judgment outlining a route for similarly affected families to return their cases to court.
Broader Implications and Regulatory Changes
McFarlane noted that the issue extends beyond one individual, stating, "Melanie Gill considers this some kind of vendetta against her. This is far bigger than one person. It's about the court properly engaging with allegations and cross-allegations." Erin's legal team cited "compelling" new information, including guidance from December 2024 that courts should not use experts to look for "parental alienation" and that psychologists assessing families should be regulated, though judges can still appoint unregulated experts.
Gill asserts she is well-qualified with years of specialist training, but the government is working with the family courts committee to introduce a ban on unregulated experts after a public consultation last year. The father, who consistently denied the allegations, did not attend the January hearing, and the daughter, now 18, was not party to the case. Dylan expressed relief after the hearing, saying, "I'm so grateful to be home with my mum finally and to feel happy again."
