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A certain amount of controversy has arisen over the past decade concerning the litigant's right to preserve on audio media the interviews of mental-health professionals engaged in expert custody and parenting time assessments. While the majority of our jurisdictions now have case law to support the premise that audio-taping is mandatory upon request, there has always been a measure of resistance to the concept, generally emanating from a relatively small percentage of practicing custody experts.
When questioned about their reluctance or refusal to conduct audio-taped custody and parenting time assessments, the experts' responses have been fairly typical, albeit falling far short of containing any sort of scientific validity. Objections based on the argument that the taping would have some sort of “chilling effect,” or that the interviewees would likely “perform for the tape” are frequently raised, often with the resistant expert adding that many of his or her “colleagues feel the same way.” This sort of facile, non-scientific “argument” should be summarily rejected in all of our jurisdictions.
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