L.K. & anor -v- MM [2015] IEHC 840 (06 November 2015)

L.K. & anor -v- MM [2015] IEHC 840 (06 November 2015)

There was no evidence of bias by the section 47 expert; her statements were expressions of professional opinion and not grounds for disqualification. The court retains discretion to accept or reject expert reports and must weigh all evidence. The same expert may prepare an updated report, limited to the child's current circumstances and views, to avoid unnecessary strain.

Citation
[2015] IEHC 840
Parties
Applicant/respondent: L. K.; Applicant/respondent: E. C.; Respondent/appellant: M. M.
Jurisdiction
Ireland
Judgment Date
06 November 2015
Procedural Posture
Family Law Appeal / Appeal From Circuit Court Order
Outcome
Application for disqualification of section 47 expert refused; updated report to be prepared by same expert.
Legal Topics
Custody, Access, Guardianship, Section 47 Reports, Expert Bias
Family Law Custody Access Guardianship Section 47 Reports Expert Bias

Case Brief

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Parties

L. K.

Applicant/respondent

E. C.

Applicant/respondent

M. M.

Respondent/appellant

Procedural Posture

Family Law Appeal / Appeal From Circuit Court Order

Legal Issues

  1. 1 Whether the section 47 expert was biased and should be replaced
  2. 2 Whether an updated section 47 report should be ordered by the same expert

Ratio Decidendi

There was no evidence of bias by the section 47 expert; her statements were expressions of professional opinion and not grounds for disqualification. The court retains discretion to accept or reject expert reports and must weigh all evidence. The same expert may prepare an updated report, limited to the child's current circumstances and views, to avoid unnecessary strain.

Court Disposition

Application for disqualification of section 47 expert refused; updated report to be prepared by same expert.

Orders

  • Ms. N. D. to speak to the child and report on his current circumstances and views.
  • No disqualification of section 47 expert.