Forensic Consultation in Litigated Custody Disputes

Abstract

In the context of litigated custody disputes, there are important differences between forensic consultants and expert witnesses. They address different subject matter, the discoverability of their files is different, and their expressed opinions are aimed at different targets. Once reviewers convey their initial impressions of an evaluator's work, retaining counsel must decide in which one of these two conflicting roles the reviewer will be most useful. Forensic consultants can provide invaluable assistance to counsel regarding an evaluator's background, methodology, opinion formulation, opinion communication, and possible multiple roles. Principles of the forensic consultation process require that consultants: (1) identify the required expertise; (2) identify the relevant forensic issue; (3) use multiple sources of data; and (4) focus on relevance, reliability, and sufficiency.