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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1494
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Court appointed an expert to assess mother father and child.

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Court appointed an expert to assess mother father and child. report to go to cafcass for their report to court. Mother's mother wrote to the expert. Is there a criminal or civil breach?

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- what type of expert is reporting in this case?

- have you seen a copy of the letter written by the grandmother?

- is the mother represented in the proceedings?

- has the grandmother been disclosed the report by the mother?

kind regards

Caroline

Customer: replied 1 year ago.
Firstly your website wouldn't allow a reply. Then refused password ***** sent X3. Finally a response box.
Expert- shouldn't matter, but to assess mother's mental health and assess if father alienated child
Letter- No.
Mother original brought case for child to live with her. Court placed with father.
It would seem likely as solicitors have challenged why mother disclosed to grandmother.
Straight forward email might get around your website problems

Hello

Thank you for your response.

I apologise that you appear to be having website problems. Please do contact customer services if your issues persist so that they can assist you.

I wanted to know the expert because say for example it was a report being completed by an Independant Social Worker - then such an expert might well want to have references or background information on the parents and therefore correspondences might actually be accepted but should be made available to all parties.

I understand that the expert is likely to be a psychologist or psychiatrist and therefore correspondences to the expert by a non party are unlikely to have been requested. The expert will be appointed by a lead solicitor in the proceedings and all correspondences should have been gone through that solicitor.

If I understand correctly, what appears to be suggested is that the mother has disclosed the report/ details about the expert to her mother.

Children Act proceedings are private proceedings and the Judge may therefore think that the disclosure by the mother is contempt of court. If the mother is unrepresented and her mother was acting as litigation friend then this would be unlikely although it does overstep the mark of being a litigation friend and I think that a Judge may have a few choice words about that.

I have known parties to disclose details of private proceedings, in fact they have plastered them all over social media, and the Judge, when having this brought to thier attention has issued a stern warning rather than take any action.

In any event, such an incident needs to be brought to the Judges attention at the next court hearing so that they can decide what action they wish to take. I do think that the Judge will consider it appropriate at the least for all parties o be disclosed the correspondence.

Kind regards

Caroline

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