Question juridique clé
Whether the appeal against the refusal of an expert opinion was admissible under Article 319 let. b ch. 2 CPC
Solution extraite
The decision was an instructional order; because no direct legal remedy was expressly provided, it was appealable only if it could cause irreparable harm, which was not shown.
Motifs extraits
The appellant did not demonstrate how the refusal of the expertise could cause him difficult-to-repair prejudice; mere concern about the children’s welfare was insufficient.