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.

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