ABSTRACT

This chapter discusses a number of general points concerned with how the courts deal with experts, and experts with courts. Courts generally welcome the help that they receive from good and unbiased expert evidence, though the judge has to make the final decision in the case. Occasionally the only motivation for having an expert comes from one party, such as the Children’s Guardian, or a parent’s lawyer, but they do have to persuade others, and ultimately a judge, to allow an independent expert to be instructed. Thorpe sounds a note of caution about the fallibility of human judgement when the court comes to making decisions about child care matters, including that of personality assessment. Sometimes the expert turns up in court to find a complete change of situation. The chapter also presents an overview of the key concepts discussed in this book.