Many thanks in advance

DC

"There are accredited family counsellors accepted under the act"
As I understand it the psychologist is an expert witness.
As such mutually agreed to by both parties,
or,
court appointed."

I've observed that the court permits one to seek relief (i.e. remedy) during a hearing. Proceedings can be adjouned if the submission (arguments justifying that) are deemed appropriate. I'd imagine that the judge would consider the extent to which the evidence of your ex-wife is pivotal to the matter.
It would in my mind be unjust if a report is tendered in evidence which you have not had the opportunity to digest and prepare your case relative to the contents of the report.
The weight afforded to evidence is subject to argument. Should the report be accepted, the response might be to argue for it to have minimal weight given to it, on the basis that time has not allowed counter arguments and related evidence to be obtained.
"A family report may be ordered on the initiave of the court or on the application of one or all the parties. (including the independent children's laywer if:
1. issues around the care, welfare and developement of a child are relevant in a case (s.62G), or
2. the court is not satisfied about arrangements for children in an application for a divorce (s.55A(2)).

"A formal request for a report may be made orally during the hearing of the case (in FCA) , or by letter"

"An expert is defined as an independent person with relevant knowledge based on training, study or experience."

Unless subject to priviledge you are "entitled to a fulland frank disclosure of all relevant information"

"..one party is to be given to the other (subject topriviledge) within two days of an imminent case assessment conference or within seven days of the receipt of the report at other stages of proceedings, ...."

"The 2006 amendments gave the court broad new powers to restict the nature and number of expert reports admitted into evidence in child related proceedings. The court can decide who can give evidence, the matters about which an expert witness can give evidence, the number of expert witness (if any), and how their evidence will be given (s.69XZ)"

"Expert witnesses can provide can provide powerful evidence that swings the balance of a case. To ensure the properpreparation and use of this evidence, and to define the role of the expert in the proceedings there is now an extinsive set of provisions in the Family Court Rules: (r.15.54), (r15.59), (r15.60), (r15.62), (r15.63), (r15.65), (r15.66), and ((r15.69)."

"KNOW THE RULES
There are detailed rules about experts and expert evidence in Part 15.5 (Family Law Rules), and, Division 15.2 (Fed Mag Crt). A self represented party dealing with expert evidence in a family law hearingshould have a comprehensive grasp of these rules."

It is not acceptable that a party have contact with any expert that might taint the evidence of a witness. Observed a judge confront a barrister for having done so, nothing to my knowledge came of that.

"Sections 60B and Sec 60CC are the most mentioned in relating to parenting cases"
Evidence in child related proceedings - see Sections 69ZT and 69MZ

All the qoutes are from The Family Law Handbook - Redfern Legal Centre.

I hope this helps some.
Be mindful that not being agitated and agressive in the court is essential.

Thanks D4E,
I have taken what you have said on board and thank you for all the other info. Very useful.

Thanks again mate

DC

In cross examination the number and content of other reports can be pursued.

The reasons as to why the other reports were not acceptable might disclose the missing pieces

Thanks verdad,
A quick question or two if I may.
If an experts report (1st) is attached to another experts affidavit (2nd), and the report (1st) writer is subpoenaed into court so as to be questioned/cross-examined on that document. Can that expert's evidence be considered as expert evidence even though he was not actually summoned to the court as an expert?
Can I ask him for his expert opinion on matters within his report (1st )?
Can I produce evidence while questioning him that proves the information he was told and used in the report (1st) is false? (The evidence is already on the court record in my affidavits filed before his document was known about.)

Thanks in advance,
DC

PS: I have completed the research that started this thread.

One of the first questions asked of experts in Family Court Trials is, how did you arrive at that opinion with out talking to the other parent. The courts are becoming less tolerant of "Experts for hire".

There have been a few published judgements where the Judge or magistrate has been quite cynical about the integrity of one sided reports.

Dadycool
Not being an expert I'll respond as best I can,. drawing on my observations and reading.

[b]If an experts report (1st) is attached to another experts affidavit (2nd), and the report (1st) writer is subpoenaed into court so as to be questioned/cross-examined on that document. Can that expert's evidence be considered as expert evidence even though he was not actually summoned to the court as an expert? "[/b]What the court are trying to do is channel reports through one expert witness.Check out "Part 15.5 Expert evidence" in Family Law Rules 2004.
The single expert witness as ordered (directed) by the court will provide evidence through an affidavit. This report is tested through cross-examination before becoming admitted evidence in the matter. [/b][/i]
If the 1st expert's report is tendered as an 'annexure' to that of the 2nd (the single expert) then as long as it is not struck out by the judge, it goes into evidence. Since the single expert is to be cross-examined that suggests to me that that witness has to repond to the examination of all the documentation that has been filed by the 2nd (the single expert).

[b]Can I ask him for his expert opinion on matters within his report (1st )?
Can I produce evidence while questioning him that proves the information he was told and used in the report (1st) is false? (The evidence is already on the court record in my affidavits filed before his document was known about.) [/b]
From observation of psychologists being cross-examined I have drawn an initial conclusion that they are also questionable about more than that written in their report. For instance as an expert they appear to be able to make statements that go to opinions they might draw from the evidence, and from their specialised knowledge (experience).
Under Family Law Rules 15.44 (2) "A party does not need the court’s permission to tender a report or adduce evidence from a single expert witness appointed under sub rule (1).
During the hearing the truths in the report that you have a desire to be entered into evidence can be handed to the expert witness during cross-examination also. Questions related to that report are then responded to. At this stage the other side might intitially object. The judge might then ask if there is a wish to have that report tendered as evidence. The report will then be shown to the other side to agree. Should the other side agree the report can be handed up to the judge. Should the other side not agree I sense that the judge will hear submissions as to whether it shall be include in evidence based upon the Rule 15.49 (2). It's practical to have copies for the other side, and the judge so that all in the court can be on the same page, so to say.

This extract from the Family Law Rules better defines as to whether the report your seeking to have admitted shall be allowed.
“15.49 Appointing another expert witness
(1) If a single expert witness has been appointed to prepare a report or give evidence in relation to an issue, a party must not tender a report or adduce evidence from another expert witness on the same issue without the court’s permission.
(2) The court may allow a party to tender a report or adduce evidence from another expert witness on the same issue if it is satisfied that:
(a) there is a substantial body of opinion contrary to any opinion given by the single expert witness and that the contrary opinion is or may be necessary for determining the issue;
(b) another expert witness knows of matters, not known to the single expert witness, that may be necessary for determining the issue; or
(c) there is another special reason for adducing evidence from another expert witness.“


[i]"Can I produce evidence while questioning him that proves the information he was told and used in the report (1st) is false? (The evidence is already on the court record in my affidavits filed before his document was known about.)"[/i]
Evidence is not produced, it may be presented. Sometimes if you are sworn already then all your statements from the bar table are deemed to be a presentation of your evidence. It's so important to present that which sustainable by arguments which are themselves evidenced based.

Be mindful that each matter exists in its own right. The substantiation of arguments and the rebuttal of the other sides arguments determines what evidence is admitted and the weight that is attached to each argument based on the supporting evidence.

The question that OneAdad suggested is a reasonable proposition. Being non-combatitive with the expert is suggested. I sat in a matter that lasted 10 days and came to the conclusion that the analysis of the expert witness was the most influential evidence. BUT the recommendations of the child's representative which shocked the instructed barrister was the greatest influence. I had the impression that the judge is challenged by the expertise of another who specialises as does he/she.

In the court practice dictates that no one at any time obstructs the sight a judge has of the parties. That suggests that they are meant to factor in the human qualities of the parties. As to whether they do so is a judgement for each of us. But it does suggest that if one appear more excitable it might be a consideration. A represented person has an advantage of being able to hide behind the silks. Only their time under cross-examination allows there characteristics to be revealed.

Be cool, Dadycool

Thanks verdad, very helpfull. I have some work to do.

DC