The judicial administration is currently considering an array of reforms in the family law arena designed to expand the scope of pretrial disclosure. Among the recommendations being considered is one put forth by the Office of Court Administration’s Matrimonial Practice Advisory Committee (MPAC) to at long last allow the parties to matrimonial and custody proceedings to depose expert witnesses in advance of trial.1 Such a reform should be welcomed by all family law judges and lawyers as it carries with it the potential to elevate the quality of the evidence put before the custody court and to promote informed settlements that in many cases will obviate the need for a protracted and costly trial.
Hierarchy of Values
In a child custody dispute the court is charged with making a decision that is in the best interest of the child. That decision will impact the future trajectory of the child’s life as well as the lives of the litigating parents. The child’s best interest therefore depends upon the court getting the decision right and the court in turn depends upon the evidence that it has before it at the moment of decision. If that evidence is incomplete, deficient or otherwise unreliable then so too will the court’s decision be less than the family before it deserves.
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