Obtaining Expert Evidence in Child Protection Court Proceedings

ABSTRACT

Judicial officers use expert evidence in child protection court proceedings to inform decision-making about the welfare and best interests of children. There different jurisdictional arrangements for obtaining expert evidence in children's court matters. This qualitative study conducted in Queensland, Australia, found that it was considered vital for magistrates and judges to have access to information about child development, parenting capacity, and other factors relevant to care and protection decisions, but access to independent expert evidence was limited. Legislative provisions enabling the court to appoint experts with special knowledge or skills were rarely used, so parties to proceedings (representatives of parents, children, or the statutory agency) generally furnished expert reports. The findings raise questions about the availability and quality of expert evidence, the capacity of judicial officers to appraise such evidence, and the best arrangements for the court to obtain access to expertise.

IMPLICATIONS

• Expert evidence from social workers and other professionals is vital to inform child protection decisions in the children’s court.

• Adequate funding, guidelines, standards, and other mechanisms to improve the accessibility and quality of expert evidence are needed in Queensland.

在保护儿童的法律程序中，法务官员为决案定谳提供专家的证据，以保证儿童的福利和权益。在儿童案的庭审中，有获得专家的证据的不同司法安排。本研究为定性研究，开展于澳大利亚昆士兰州。治安官和法官得到涉及儿童看护及保护的信息如儿童发育、父母能力等等，被认为至关重要，而获得独立专家证据的途径却非常有限。让法院指定具备特殊知识和技能的专家的立法条文很少被使用，所以多由庭审的各方（父母、儿童方的代表以及法定代理人）提供专家报告。本文对专家证据的可得性及质量、法务官评估证据的能力、法庭获得专家意见的最佳方式等等，提出了质疑。

KEYWORDS:

• Child Protection
• Children’s Court
• Expert Evidence

Disclosure Statement

No potential conflict of interest was reported by the author.

Additional information

Funding

This research was supported by the Australian Research Council, discovery project DP0987175 led by Professor Allan Borowski, La Trobe University, and Professor Rosemary Sheehan, Monash University.