If you need to make an application to the court for an Order in proceedings that are ongoing then you are able to complete and file a C2. This application provides the court with what application you are making, what order or court directions you are seeking and why. It is important that this is completed in as much detail as possible.
If you believe that an independent expert is required in your case then you should think about raising this with the court as early as possible and filing your application with your reasons for the appointment of the expert along with details of certified experts in the area, their CV’s, availability and costs.
The appointment of an expert is dealt with in PART 25 of the Family Procedure Rules. An expert, if appointed, has a duty to the court and this duty overrides their obligation to the party that instructed or paid for their services.
The court will need to consider the impact or weight of any evidence the expert may provide or add to the case; the types of questions that the expert will have to consider; the impact of permitting the expert to prepare the report will have on the timescales of the case, the duration and the costs.
If an expert is ordered then the expert will need to be specified in the order and the court must therefore know the expert’s availability, timescales and costs.
If an agreed single joint expert is appointed the court will set out who is to take the lead with the instruction and who or how the costs will be paid or divided between the parties. A joint letter of instruction will need to be prepared and sent to the expert. Once the report has been received questions can then be raised by the parties in respect of the report. If the court feels it necessary to the case the expert may be called to the final hearing in order to give oral evidence. If the parties can not agree on a single expert then a list of relevant experts, along with their CV’s, costs and availability should be provided to the court and the court will determine which expert to appoint.
The court will also have to be specific in the order regarding the parties cooperating with the expert, the disclosure of medical notes beforehand and a specific order if the expert needs to speak and deal with a child or children in order to prepare the report.
The type of expert will depend on the facts of the case but it could be the instruction of a Psychologist, Psychiatrist or other medical professional . It could be that it is an assessment of one party or even a family assessment. An Independent Social Worker may be required to do a family assessment. It will be dependent on the case.
The appointment of an expert should be done as quickly as possible to avoid delays in the proceedings.
If you require assistance in making your application for an expert report, then do not hesitate to Contact Us or call 02081 430730.