I'm worried that psychologist appointed by family court is biased

Curious Cat

Registered User
Messages
16
A psychologist has been appointed by the family law court to produce a section 47 report the second in six months.It has now come to my attention that the other party has been in contact with the psychologist and receiving advice and assurances without any input from me.Is this acceptable?
 
A psychologist has been appointed by the family law court to produce a section 47 report the second in six months.It has now come to my attention that the other party has been in contact with the psychologist and receiving advice and assurances without any input from me.Is this acceptable?

The other party should not be in contact with the psychologist outside of scheduled appointments. The psychologist should absolutely not be giving assurances to the other party. Have had experience with this many years ago with female psychologist. A psychologist can easily bias his/her report in this manner. Please look at British Pyshcological Society website or look up articles by them on what biases a Psychologist's report for family law. The British Pyschological Society were the first to run courses in writing Court reports for Family Law - I think you should take a look at their website or articles they have written on Court Reporting - you can even do Expert Witness Courses through them.
 
Unless there was some very specifically justified or justifiable reason for this action it seems that the psychologist in question could be adversely criticised on grounds of objective bias.

The concept of objective bias is quite well covered in the Supreme Court case of Kenny -v- Trinity College & Anr. 2007. Here is a link http://www.bailii.org/ie/cases/IESC/2007/S42.html

The psychologist is not acting as a judge in the strict sense. However, as I understand the position there would be an expectation of independent objectivity in the witnesses evidence. So, would a reasonable person have a fairly formed fear that the evidence on which the court would rely would not be impartial ? If so, the general concept of objective bias might arise.

Also, consider if there is a conflict of interest if views of an opposing party are being canvassed and or they are being advised by the psychologist. Much depends on the full facts of the situation.

On the face of it, your solicitor might ask that the psychologist in question recuses themselves and that another is retained thus assuring the requisite objectivity.
 
Thanks for the replies.I read an article dated 2014 which indicated that this a common occurrence and there is very little hope of having the psychologist removed.I will however ask my solicitor to object if she can and I will contact the PSI if necessary.I expect a level playing pitch at the very least.
 
I contacted the PSI as the psychologist was registered with them, I used the complaints procedure only to be told that if the psychologist is appointed by the court they cannot process the complaint. The PSI made the point that they were not in any way saying that I did not have a case. I think that this is a ridiculous situation
 
Do you know the nature of the advice and assurances given?
If it was "Don't worry, it will be a fair and unbiased process" or "Don't worry, we listen to both parties and the children" then I don't see the issue.
What is making you concerned?
 
I have had concerns about this for many years since reading articles in the Irish Times one of these
is Anna's story a story of parental alienation nd another is also from the Irish Times a father's story of parental alienation and
in both cases both referred to a psychologist appointed by the courts and reading between the lines the Irish Times were doing their best to expose this psychologist and the carry on etc but could not mention any names and all names were changed for legal reasons
in one of these articles the one about Anna's story she mentions that after a number of years she realized she was the only person subjected to this type of alleged severe bias in the Dublin family courts is this the same person that is being referred to above
it certainly if is raised major concerns about access to justice not to mind fair access to children or indeed attempted perversion of the course of justice which is a very serious matter.
 
Back
Top