Expert report withheld

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Davidfc007

Well-Known Member
26 November 2019
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0
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Hello,

The court had previously ordered a physiatric assessment of me and the mother (respondent) with a report to be produced for the ICL and court. Not long after the assessment interviews had taken place, I had applied to have the ICL removed from my matter and they consented to be removed when it was heard before a judge.

Last week I had a directions hearing and it was the first for the new ICL in this matter, and he asked the registrar for an order that the physiatric assessment that had already been completed to be redone by a new doctor and his argument was because an affidavit that was submitted to the court by the first ICL in this matter (the one that consented to be removed) was not included in the doctor's reading material.

I can not believe that it can be fair and just and an expert report is conducted, the report is given to an ICL and that same ICL then petitions the court to have that report not released and redone by another doctor because one affidavit by the old ICL was not included in the reading material before the assessments were completed.

The affidavit filed by the first ICL was related to my Application in a Case to have that ICL removed, it was not related to the relevant facts and matters relating to the applications I had made to the court about the mother.

I was able to argue that the report by the physiatrics should not be completely redone by another doctor but the registrar granted the new ICL in order for an amendment to the first psychiatric assessment after the doctor sees the affidavit by the first ICL. At this point I asked for the assessment report to be released, but the registrar would not allow it to be released.

Surely there has to be some kind of law that states they can not hide expert reports after they have been completed, which is the case in this matter. The new and old ICL had seen the report by the physiatrics, why can I not see it as an applicant and a person that was subjected to the assessment?

It is worth noting there were a number of documents on the court record that the psychiatrics didn't have access to before he completed his report.

Please help if you know if there is any point of law I can raise with the court so that the assessments reports are released?
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
At this point I asked for the assessment report to be released, but the registrar would not allow it to be released.
I believe there is a section in Family Court Rules that give discretion for such things if an expert witness appointed by the court considers it's release to not be in the best interests of the child/ren for some reason....

Don't know of any rule that may be used to oppose it myself .... Someone else here may have some knowledge in that area hopefully
 

GlassHalfFull

Well-Known Member
28 August 2018
544
51
2,289
It makes perfect sense for an addendum report to made after taking into account further information. That happened in my case with regard to a psych report after further allegations were made and affidavits submitted that related to them. Seems silly to make everyone go through yet another assessment when the only information missing was a single affidavit.