Single Expert Witness
A Single Expert Witness (SEW) is an expert appointed by the Family Court to prepare a report in a family law case.
A SEW is most commonly a social worker or clinical psychologist.
The SEW will often make recommendations to help the court decide what orders will be in the best interests of the child.
This information will help you understand how a SEW is appointed and their role.
What does the SEW do?
What the SEW does will be different depending on the issues in the case. However, a SEW will usually:
- read all the court documents,
- read all the subpoena material (for example, material provided by the police or hospitals),
- meet with the child,
- meet with the parents and other significant people in the child's life (for example, new partners),
- observe the child together with their parents and other significant people,
- write a report for the court, and
- give evidence at a trial (if the case goes to a trial).
When will a SEW be appointed?
The Family Court decides when a SEW should be appointed and may consider it in complex cases where expert advice is required.
Most commonly, an Independent Children's Lawyer (ICL) will request that a SEW be appointed in a family law case. However, it is possible (but less common) for parties to ask the court to appoint a SEW in a case without an ICL.
Who will be appointed as the SEW?
If there is an ICL, they will usually suggest an expert that has experience with the issues in the case (for example, drug of alcohol issues). It is common for there to be some discussion between the ICL and the parties about who will be the most appropriate expert for the case.
Some things that are taken into account include:
- qualifications and experience,
- how long it will take them to prepare their report, and
- their fees (fees may vary between experts).
The SEW must agree to be appointed as the expert in the case.
If the parties cannot agree on who should be the SEW, the court will decide.
What does the SEW report cover?
When a SEW is appointed they are asked to answer specific questions. The list of questions the SEW is asked to answer is called the "Terms of Reference".
Typically, the ICL will suggest a list of questions. If they parties cannot agree on what questions to ask the SEW, the court will decide.
Will the expert meet with my child?
In most cases, the SEW will meet with the child and they will have the opportunity to express their views. The SEW will also usually observe the child together with each of their parents. However, the SEW will decide who it is appropriate to observe the child with, depending on the issues in the case.
Who pays for the SEW?
The parties are usually responsible for the costs of the SEW report.
What if I do not agree with the SEW's report?
If you are unclear about something in the SEW's report, you (or your lawyer, if you have one) can write and ask them to clarify what they have said. The SEW will often charge a fee for answering questions about their report.
If you do not agree with the SEW's report, you (or your lawyer, if you have one) will have the opportunity to ask the SEW about their report at trial (if the case goes to trial). The court will consider the SEW report along with the other evidence in the case before deciding what orders will be in the best interests of the child.
More information
Reviewed: 27 February 2024