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Use And Abuse Of Experts In Matrimonial Cases
Most of us are familiar with using CPAs to value businesses, and psychologists and psychiatrists to make mental health assessments in custody cases. Pharmacological and DNA experts have become commonplace; so have employment experts in maintenance cases. However, there are many other uses of experts. Our imagination is the only limitation. Nevertheless, there are many things to consider when employing experts. Once you decide how to use your expert, you then must consider the expert's qualifications, the application of hearsay and other rules of evidence, as well as standards of professional practice.
Key Examples
An illustration of the need to consider the adequacy of your expert's foundation for the opinion, occurred in the context of an area that has drawn attention lately, ie, child abduction. In Pirayesh v. Pirayesh, 596 S.E.2d 505 (S.C. Ct. App. 2004), the appellate court affirmed a decision that prohibited the father from traveling outside of the United States with the children. The wife brought in an expert witness who was qualified by the court as an expert on child abduction (and remedies) in the Middle East. There was an issue as to whether or not the expert knew Iranian law sufficiently to provide adequate foundation for her opinion. The court of appeals held that the expert did not go beyond her qualification. It did note, however, that allowing an expert to testify beyond the scope of his or her expertise can be reversible error. Thus, it is important to make certain that your expert carries sufficient qualifications to express the opinion competently.
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