JOURNAL ARTICLE
The expert witness—psychologists and judicial gatekeepers in the family court.
Published In: International Journal of Law, Policy & the Family, 2023, v. 37, n. 1. P. 1 1 of 3
Database: Sociology Source Ultimate 2 of 3
Authored By: Schindeler, Emily 3 of 3
Abstract
This article examines the role and challenges of psychologists as expert witnesses in Australian family law custody disputes, focusing on the reliability, admissibility, and potential biases of their testimony. It highlights that judges often rely heavily on expert opinions despite inconsistencies in disciplinary perspectives, lack of standardized methods, and insufficient transparency regarding the experts' specialized knowledge and assumptions. Through analysis of recent Family Court appeal cases, the article illustrates how flawed or biased expert testimony can significantly impact judicial decisions affecting the best interests of children, underscoring the need for clearer standards defining specialist expertise and stricter enforcement of reporting requirements. The study also emphasizes the limitations of the appeals process and calls for improved judicial and regulatory mechanisms to ensure accountability and reduce risks associated with expert evidence in family law proceedings.
Additional Information
- Source:International Journal of Law, Policy & the Family. 2023/01, Vol. 37, Issue 1, p1
- Document Type:Article
- Subject Area:Law
- Publication Date:2023
- ISSN:1360-9939
- DOI:10.1093/lawfam/ebad030
- Accession Number:190499187
- Copyright Statement:Copyright of International Journal of Law, Policy & the Family is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Looking to go deeper into this topic? Look for more articles on EBSCOhost.