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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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In a child custody battle the courts have asked for an expert

Customer Question

In a child custody battle the courts have asked for an 'expert' to come in and assess the child and the the mother basically because they think the child is at risk with the mother . Can we ask that a totally independent expert be called in , one that has no info about the case as we have found that all the other reports have been biased towards the father who incidentley the child hasn't seen properly for 12 years.
thanks.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
What makes you fear that this will not be the case?
Clare
Customer: replied 3 years ago.

All the other assessor's have really only worked off of the previous notes and have not really spent time with them and the first assessment was very negative but I cant see you how. None of the mothers friends such as myself have been asked to come forward nor have any teachers it just seems very one sided as the child doesn't even 'know' the father, he is now 12 and isn't the courts supposed to ask the child as well? Its not as if he doesn't know what he is talking about he is a very talented musician. Thanks

Expert:  Clare replied 3 years ago.
Hi
What expert is proposed - a Child psychologist? A Psychiatrist? something else?
Clare
Customer: replied 3 years ago.

Yes something like that they are to see weather the child likes or is happy being with his mum . Which is ridiculous why don't they just ask him?

Expert:  Clare replied 3 years ago.
Hi
I need to know what type of expert it is - and certainly that would NOT be what a Psychologist was looking at
Clare
Customer: replied 3 years ago.

That is what is not clear, they are basically saying (the father's side) that the child is not happy with the mother , which is not the case , the judge is now saying that the child may go into care or to the father and I think 'section 37' was mentioned. With all of the reports which have been written before no one has asked the child wot they want who will be 13 next birthday and highly capable of speaking for themselves. We just need to know if we can hire an independent 'specialist' that can assess mother and child that has no prior knowledge of the notes from before?

Expert:  Clare replied 3 years ago.
Hi
Can I just go into the background a little more please.
When did the court proceedings start?
Who has applied for what and what has happened so far?
Clare
Customer: replied 3 years ago.

It started in 2002 with the father asking for full custody. The father hasnt sent birthday , christmas cards or attended any of the concerts the child had performed in even tho given every opportunity. He really shows no interest in the childs life. If he wins custody and stops the music participation how is that in the best interest of the the child. The man just wants to win the case he is not interested in the child at all.

Expert:  Clare replied 3 years ago.
Hi
Sorry when did he make the application and why?
Clare
Customer: replied 3 years ago.

The application was made in 2002 for full custody of the child

Expert:  Clare replied 3 years ago.
Hi
That was 11 years ago
What has happened since then.
Clare
Customer: replied 3 years ago.

There have been numerous reports carried out and hearings with witness's being called etc but now the judge is asking for the final assessment to be done which will determine the out come

Expert:  Clare replied 3 years ago.
Hi
It cannot be the same application as was started in 2002.
Certainly it is entirely possible that there has been a series of applications over the years - I have known it happen - but in intervening years there will have been Final Order made which are later appealed or applications made to vary - and this certainly sounds likely form what you have said.
HOWEVER in order to help you with THIS application I need to have some idea of what the fights have been about over the years especially as you say there has been no contact between the child and the father
Clare
Customer: replied 3 years ago.

Ok ill get the details

Expert:  Clare replied 3 years ago.
Hi
That will be best - then hopefully I can actually give you something relevant
Clare
Customer: replied 3 years ago.

Hiya ive got the info and will get it to you later.thanks

Expert:  Clare replied 3 years ago.
Hi
That is fine
Clare

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