Expert witnesses in the family court

A new memorandum (accessible here has clarified the role of expert witnesses used in the family court.

What is an expert in the family court? Any expert witness must demonstrate to the court that they have the relevant knowledge and experience to give either opinion evidence, or factual evidence which is ‘not based exclusively on personal observation or sensation’. The expert will need to have three professional practice is regulated by a UK statutory body, be licensed and up to date with continuing professional development.

When will a family court admit evidence from an expert witness? Certain principles need to be applied by the Family Court when it considers whether to allow expert evidence. Experts should only be instructed when to do so is ‘necessary’ to assist the court in resolving issues justly.

So who is the expert answerable to? An expert in family proceedings has an overriding duty to the family court that takes precedence over any obligation to the person from whom the expert has received instructions or by whom the expert is paid. This duty is always foremost to the court and the interests of justice.

How about children’s caregivers, can they provide expert evidence? Evidence given by a children’s guardian is not expert evidence.