Is an expert witness anPr officer of the Court and can you report them to the Cour

Hannaho

My friend was involved in the Section 47 family law process. The father was physically violent to the children as well as mentally cruel to them. G.P. children's counsellor and family were all aware of the situation. The G.P. reported the father to social services, yet the S. 47 assessor sought to give the dad more access, refused to contact the G.P. or social workers, and would only take the evidence of my friend's ex partner and his new wife. In fact, she accused my friend, who is a psychotherapist herself, of being a high conflict person and having a personality disorder - this could have potentially ruined my friend's career in a private hospital - my friend currently works directly with three psychiatrists, and has done for several years - one of them was completely dumbbounded when she told him what this S47 assessor had said. The assessor also told my friend that it was mandatory that the children stay overnight with their dad the night before the assessment - despite the children saying they were afraid of their dad, and that he was trying to force them to say things that weren't true colleagues of hers that this was totally untrue- my friend found out from psychologist Also, the S47 assessor would only relay messages for my friend through my friend's ex partner. Eventually my friend told the assessor she was going to ask the Court for another assessor as she felt her approach to the assessment made the report totally biased. The assessor said she would notify the Court re my friend's request and also give my friend back the remainder of the fee - she had only done 10 hours out of 20 hrs, but my friend never received any money back. My friend and her children were traumatised by what happened - the twelve year old is now fourteen and still recalls the day two years ago that she bedgged the psychologist not to have her stay overnight with her dad prior to the assessment, and also not to have her attend the assessment with her dad. She now doesn't believe that any social workers etc. will believe her when she says something.

All the issues with the children's dad have now gone through the Gardai. The children's dad has never attempted to see them in last two years, and the children don't want to see him.

My friend tried to complain about the S.47 assessor's behaviour, but her professional organisation said they could not accept the complaint as it was part of a family law case and was bound by 'in camera' rule. They said she would have to go back and ask the Judge's permission to complain to the assessor's professional organisation. My friend is still too traumatised to go back to Court, but will go back next year to have guardianship removed from the dad - the children are afraid that if anything happens to their mum, they would have to live with their dad.

Now, the question my friend is asking - is that if the S.47 assessor is considered an officer of the court - as they are in the U.K. - and are obliged to be fair, ethical and professional before the Court, can my friend make a complaint to the President of the Circuit Court about this matter before she goes back Court. Any advice really appreciated.

Bepolite

This is why solicitors should be involved.

Speak to one Get your friend to speak to one.

conorh91

I suppose you could say the s.47 assessor is an independent officer of the court, a bit like a court-appointed liquidator, in the sense that the expert may have been appointed on the court's own motion to do the work of the court, and is not a party to the case.

But I don't see how it's relevant.

What you appear to be getting at is the question of the expert witness's immunity from civil/ disciplinary action. But it's too early to consider that yet.

Before you get to that point, you have to overcome the first obstacle, which as you have been told, is the in camera rule.

That is a matter for the Court in which the case was heard.

Any family law court has discretion to make available documents emanating from in camera proceedings, and can also attach conditions to their release.

The person concerned should speak to their solicitor for reliable advice.