New Rules on Expert Evidence in Children Cases:
What Do They Mean?
Expert evidence often plays a crucial role in family proceedings involving children. Whether the court is considering allegations of harm, a parent’s mental health, or a child’s long-term welfare, the opinions of independent experts can significantly influence the outcome of a case.
From 20 July 2026, important amendments to the Family Procedure Rules introduced a new requirement that experts instructed in most children proceedings should be regulated professionals. The aim is to improve the quality and reliability of expert evidence and strengthen confidence in the family justice system.
Why has the law changed?
The amendments follow growing concern about the use of individuals presenting themselves as experts without being subject to any recognised system of professional regulation. While such cases were relatively uncommon, they highlighted the potential risks of relying on evidence from professionals who were not accountable to a regulatory body or bound by recognised professional standards.
Given that expert evidence can have a profound impact on decisions about where a child should live, the arrangements they should have with each parent, or whether a child should remain in their family’s care, it is essential that the court can have confidence in both the expertise and integrity of those providing independent opinions.
The new rules are designed to improve consistency, transparency and public confidence in family court proceedings by ensuring that experts are appropriately regulated wherever possible.
What is a regulated expert?
Under the new rules, a regulated expert is generally someone who is subject to oversight by a recognised professional regulator. This may include professionals regulated by a statutory body, those appearing on accredited professional registers, or those regulated under specific legislative frameworks.
Many of the experts commonly instructed in family proceedings already fall within this category, including:• Consultant psychiatrists• Clinical and educational psychologists• Paediatricians and other medical specialists• Independent social workers• Other specialists providing evidence relevant to a child’s welfare
These professionals are required to adhere to professional codes of conduct, maintain appropriate standards of practice, and remain accountable to their regulator throughout their careers.
What does this mean in practice?
Before an expert is instructed, their regulatory status should now be confirmed. The expert will also need to confirm this within their report, providing greater reassurance that the evidence before the court comes from a suitably qualified and accountable professional.
Are there any exceptions?
The court may still allow an unregulated expert to be instructed where:• No suitable regulated expert is available; or• Waiting for a regulated expert would cause unacceptable delay and could prejudice the child’s welfare.
However, these exceptions are expected to be used only in limited circumstances, and the court must be satisfied that instructing the expert is justified.
What does this mean for families?
The changes are designed to give families greater confidence that decisions about children are based on high-quality, independent expert evidence. While the new requirements may occasionally make it more difficult to source specialist experts, they should help ensure that evidence relied upon by the court is robust, reliable and professionally accountable.
If you are involved in children proceedings and would like advice about expert evidence or any other aspect of your case, our family law team would be happy to help.
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Rules committee consults on requirement for experts in family law children cases to be regulated