A brief history of psychologists as expert witnesses in family law

Abstract

The Family Justice Review (2011) has transformed the way expert witnesses are perceived and instructed in family law, meaning that child protection social work professionals are now the designated ‘experts’ responsible for undertaking complex parent, child and family assessments and writing court reports, with independent ‘experts’ (such as clinical psychologists) only being instructed when the case managing judge deems it to be absolutely ‘necessary’. So… have families involved in care proceedings suddenly become less complex, less risky and less likely to suffer from multidimensional problems, which include mental health difficulties and trauma? Or have existing child protection professionals (social workers and guardians) gained a comparable ‘range of knowledge, clinical skills and expertise’ (Brophy, 2006) to allow them to undertake the kinds of expert assessments previously completed by independent psychologists and psychiatrists? This article reviews these essential questions, speculates on the rise in negativity about psychologists as ‘expert witnesses’ and offers some thoughts on how independent psychologists can continue to work for the benefit of the highly vulnerable children and families who are the real customers in family law.