Experts in the Family Court
Expert witnesses are crucial in family proceedings and the court is often dependent on the quality of the medical evidence given by the experts. Experts are most commonly used in family proceedings involving children. Since the implementation of the Children Act 1989 in October 1991 there has been a growing reliance on expert evidence by the courts. An expert's evidence is used in proceedings relating to children to assess either the physical and sexual abuse of children, their relationships with parents or any risks posed to them by placement or adoption.
Court procedures for family proceedings differ from civil and criminal procedure in that they are not found in one unified procedural code. This will be remedied once the new Family Procedure Rules come into being, but until then experts are encouraged to consult the following documents:
Part 17 of the Family Procedure (Adoption) Rules for adoption procedures.
The Public Law Outline - a Guide to Case Management in Public Law Proceedings.
This is a practice direction which applies to care and supervision proceedings effective from 1st April 2008.
Experts in financial applications related to divorce, nullity, separation or dissolution proceedings (otherwise known as "ancillary relief proceedings")
Experts can be involved in proceedings for the division of property following divorce or the dissolution of a civil partnership. Experts such as accountants and surveyors may be required to explain points of evidence or to help determine the true value of assets to be divided.
The court procedure relating to expert evidence in all "ancillary relief proceedings" is set out in the Civil Procedure Rules (CPR), rules 35.1 to 35.14 (with appropriate modifications) and with the exceptions of CPR rules 35.5(2) and 35.8(4)(b).
Further information
A Best Practice Guide for Instructing a Single Joint Expert
A guide for single joint experts in financial proceedings in family cases
Mini Pupillage Scheme
Experts in the family court can participate in a mini pupillage scheme in which they can spend some time sitting with a specialist family judge, observing expert evidence being given and gaining an understanding of the court process. Mini pupillage schemes are run in a number of areas in England and Wales. For further information on these schemes contact the Family Justice Council at fjc@justice.gsi.gov.uk