Family report writers are\nindependent third parties who provide expert evidence to the court. Their\nknowledge, experience and skill in assessing family environments and preparing\nreports are extremely valuable to the Court\u2019s decision making. However, as in\nall professions, some experts act unethically and breach their professional\nobligations. As a result, the integrity of their work \u2013 and the quality of\ntheir recommendations – may be called into question.<\/p>\n\n\n\n
This was the case in McElhinney\n& McElhinney<\/em>, where the psychologist who prepared the family report was\ndisqualified from practice, because they formed a personal relationship with a\nformer client. While both parents in the dispute agreed the report writer\nshould be discharged, the father wanted another psychologist from the same\npractice to continue the report. The mother disagreed, arguing a new report\nshould be written. <\/p>\n\n\n\n The Court held that the\ndisqualified psychologist\u2019s report was inadmissible and a new one should be\nprepared, because the fact the psychologist was suspended raises a reasonable\napprehension to the integrity of their decision making and opinions. Thus, if\nanother psychologist from the same practice were to complete this report, at\nleast part of the report would still be based on the disqualified\npsychologist\u2019s opinions.<\/p>\n\n\n\n However, contrast this decision\nto Behrendt & Cadenet (No. 2)<\/em>, where a father sought to dismiss a\nfamily report writer because he had lost confidence in the writer\u2019s ability to\nform an opinion exclusively based on evidence. Despite this, the father failed\nto substantiate his claim that the report writer\u2019s opinion was compromised in any\nway. Instead, the court in this case considered\nBookhurst & Bookhurst<\/em>, which held that an expert will not be\ndisqualified just because one party believes the evidence is at odds with\nhis\/her version of logical reasoning. <\/p>\n\n\n\n Therefore, a parent\u2019s mere belief\nor assumption that the family report writer\u2019s opinion may be compromised is not\nsufficient enough to discharge them from their duty. However, where a report\nwriter has been suspended for professional misconduct due to their unethical\nconduct, this is grounds to discharge them, and order a new report to be\nprepared by a new expert.<\/p>\n\n\n\n Therefore, if you have evidence\nyour report writer has acted unethically, or you believe the integrity of the\nreport has been, or will, be compromised, you should seek legal advice immediately.\n<\/p>\n\n\n\n Our specialist Family Law Team at\nSanicki Lawyers has the necessary expertise to help you prepare this\napplication and present your case. Further, if the other party to your case is\ntrying to discharge your expert witness, but you do not believe the expert has\ndone anything wrong, you should seek legal advice to present your position to\nthe court. <\/p>\n\n\n\n Contact Stephanie Hope, Senior\nAssociate Family Lawyer and Head of Family Law at Sanicki Lawyers for legal\nadvice and representation today, by calling 03 9510 8999, or emailing\nstephanie@sanickilawyers.com.au.<\/p>\n","protected":false},"excerpt":{"rendered":"