What Does a Single Expert Do in Family Law Matters?

When families are navigating separation and court proceedings, it is common for a range of professionals to become involved in the legal process. One role that parents often have questions about is that of the single expert, sometimes referred to as a private report writer. In parenting matters they are usually a social worker, psychologist or psychiatrist.

Understanding who a single expert is, what they do, and how their involvement may affect your matter can help you feel more informed and prepared.

A single expert is a professional engaged to assess and report on issues relating to the welfare of children and their family. They are usually a psychologist, social worker, or psychiatrist, and are often referred to as a "forensic psychologist" or "forensic psychiatrist."

A single expert may be engaged in two ways; by agreement between the parties, or by order of the Court. Unlike a court child expert, who is engaged directly by the Court, a single expert is typically a private practitioner. Where a private practitioner is engaged by agreement, the cost is generally shared between the parties. The Independent Children’s Lawyer can also make an application for the appointment of a single expert.

The scope of a single expert's assessment will depend on the issues in the particular matter. Their report may focus on the parents, the children, or the family unit as a whole.

The single expert is chosen based on their specific expertise, cost and availability and the relevance of their skills to the facts of the actual matter. There is a common practice for choosing or nominating the expert. Mostly, 3 experts are nominated by one party or the ICL and the other party chooses one.

If the parties disagree, the court (Judge or Senior Judicial Registrar) may chose the expert based on hearing submissions from all parties as to why a particular expert is the right person for that matter with the right qualifications and the expert's timetable for interviews and writing the report fits in with the parties' and the court's timeline for determining the matter.

In some matters, a single expert may be engaged to address specific concerns relating to a parent, such as drug or alcohol misuse, or their mental health. In other matters, their role is broader and centres on the children's overall welfare and the parenting arrangements that would best support their needs.

Like court child experts, single experts may prepare different types of reports depending on the stage of the proceedings.

In the earlier stages of a matter, a single expert may prepare a Child Impact Assessment Report. This is similar to a Child Impact Report prepared by a court child expert, and is most commonly provided to the Court for an interim hearing. It offers a preliminary overview of the key issues affecting the children and can assist the Court in making early decisions about parenting arrangements.

As the matter progresses toward a final hearing, a single expert may prepare a more detailed and comprehensive report. These are sometimes called Family Reports or Single Expert Reports. At this stage, the single expert may make recommendations about parenting outcomes and what arrangements would best support the children's long-term wellbeing.

Single experts are often provided with a range of material to inform their assessment. This may include relevant health records, police records, material from child protection agencies, and records from schools or other services. Much of this material is obtained through the subpoena process.

This means that by the time a single expert meets with you, they may already have a considerable amount of background information about your family and your matter.

If a single expert has been appointed or engaged in your matter, there are several important things to be aware of:

1. What you say is not confidential

Anything you communicate to a single expert is not confidential. The information you provide may be included in their report and shared with the Court and the other party. It is important to approach your interactions with this in mind.

2. They are not there to provide counselling

While single experts are trained professionals, their role is not to provide therapy or counselling to you or your children. Their focus is on assessment and reporting.

3. Their reports form part of the evidence

The reports prepared by single experts are carefully considered by the judicial officers hearing your case. They can have a significant influence on the outcome of your matter. They do not determine the outcome, but are very important.

4. They may be cross-examined

At a final hearing, a single expert may be cross-examined by the parties' legal representatives, or by a parent if they are not legally represented, or by the ICL to clarify or challenge aspects of their report.

The involvement of a single expert can feel confronting, particularly when the assessment touches on deeply personal aspects of your life and your parenting. However, their role is ultimately focused on ensuring that the Court is assisted in properly and fully understanding what is in the best interests of your children.

Understanding what to expect from the process can make a meaningful difference. If you have questions about single expert reports or how they may apply to your matter, it is important to seek advice from a qualified family lawyer.

This news piece was prepared by Alison Osmand, registered Mediator with more than 30 years’ experience within the family law landscape. Alison can be contacted through her website here

Disclaimer: This article provides general information only and is not legal advice. You should seek advice from a family lawyer about your specific circumstances. Contact your local Law Society for a list of family lawyers in your area.