Do I Need a Family Law Expert for my Trial?

In most family law cases, you need both a BC family lawyer and also a family law expert. Who is an expert and what do you need them for? How much do they charge and are they worth it? Let’s explore the role of an expert in family law:

Who is a Family Law Expert?

In family law, you are a witness and never an expert. So your opinion really does not matter. It is mainly the opinion of the judge or someone who is supposed to assist the judge. A family law expert is appointed to assist the judge with his/her judgement because judges themselves are not always experts in certain areas. Family law experts are not your advocates. They are supposed to remain neutral and only assist the court find justice.

What Kinds of Family Law Experts are There?

There are two main experts in family law but there can be other types of experts depending on your case:

1. Financial Experts; and
2. Custody Experts.

Let’s explore these two types of Experts:

The Family Law Expert for Financial Issues

What are some financial issues that require an expert’s assistance?

1. Evaluating a business or company so that the judge can split the value in half (most times). These experts have usually chartered accountants or business evaluators.
2. Evaluating real estate’s value such as your family home – these experts can be property appraisers.
3. Evaluating your or your spouse’s income if one of you is self-employed and is writing off too many expenses as personal expenses. These experts have usually chartered accountants or tax auditors.

If a family law expert is needed for a financial issue, the expert must be a joint expert meaning you and your spouse must agree on the identity of the expert. You can’t just appoint your own expert. This is the Rule regarding joint experts.

Other issues you and your spouse should agree on for a joint expert are:

1. the issue in the case that the opinion will help resolve;
2. agreed facts or assumptions by the parties;
3. any other assumptions that each party wants the expert to consider;
4. questions for the expert to consider;
5. time frame to when the report is produced and provided to the parties; and
6. responsibility for the expert’s fees and expenses

If you can’t agree on these issues, you should go to court and ask the judge to make a determination on your behalf.

To find the names of some of these financial experts, go here.

The Family Law Expert for Custody of Children

These experts are appointed to do an expert report on the best parenting arrangement for children, the mental or physical fitness of parents to care for the children or other psychological issues revolving around custody.

These experts usually do these types of reports:

1. s.211 reports under the BC Family Law Act which are extremely comprehensive and take months to prepare. The s.211 reports are almost always necessary when there are serious issues such as child alienation or abuse of children.
2. Views of the Child Report. This is when the expert interviews the child and relays his/her opinions to the Court.
3. Psychological Assessment reports. This is when the expert assesses one or both parents, or their children, to determine if anyone is suffering from psychological issues that may hinder their judgement.

To find the names of some of these experts, go here.

How Much do Family Law Experts Cost?

Brace yourself it is not cheap but sometimes absolutely necessary.

For family law experts on custody matters: 

1. s.211 Reports cost anywhere between $8000 to $18000
2. Views of the Child Reports are between $1000 to $2000
3. Psychological Reports are between $700 to $5000.

For Family Law Experts on Financial Issues: 

1. Business evaluation can be between $3000 to $20,000
2. Property appraisals can be between $500 to $1500
3. Income evaluation can be between $2000 to $20,000

More Information on Family Law Experts Under the BC Family Law Act

Once a joint expert is appointed, he/she is the only expert in the case. If a party wishes to introduce additional experts, an application to the Court must be served within 21 days after the joint expert’s report is produced in addition to the court being satisfied that an additional expert is necessary for a fair trial.

The expert report must be admissible and the content of the expert report must comply with the BC Supreme Court Rules. Requirements of the content generally pertain to:

1. the expert’s duty and neutrality,
2. the instructions provided to the expert,
3. the expert’s opinion on the issues, and
4. the expert’s detailed reasoning and any factual assumptions on which the opinion is made.

Above all, it is crucial that the expert’s report is served at least 84 days before the trial date to allow ample time for any responding report to be produced or changes in the expert’s opinion.

There is so much more to know about experts and which expert is the right expert for your case. We deal with many experts and can point you in the right direction. 

For more information or to set up an INITIAL CONSULTATION, please contact us at 604-974-9529 or email [email protected]