Attending the Children's Court

Professionals or workers from government and non-government organisations may be called upon to give evidence in care proceedings. The role of these witnesses is to assist the court to gain as thorough an understanding as possible of the family or child’s situation.

Professionals and workers from government and non-government organisations can provide information about the services that have been provided to a family and in most circumstances, evidence will be submitted to the court in affidavit form. The court can require witnesses, who have sworn or affirmed an affidavit, to give further oral evidence in court.

Professionals or workers who may be able to assist the court in this way include community health workers, family doctors, counsellors, early intervention workers and, where a child is placed away from their parents, contact workers or designated agency workers.

Expert witnesses

Expert witnesses may be called on to provide an expert’s report or to give opinion evidence in proceedings before the Children’s Court. They are generally engaged to assess the child, family, or another party once the court proceedings have started. Expert reports can be ordered by the court, or a party may call their own “expert witness”.

Expert witnesses are different to other witnesses in that they are not limited to describing events, actions or situations but are required to provide an opinion on an issue or a number of issues relevant to the proceedings, such as a person’s capacity to care for a child or the nature of a child’s injuries.

Expert witnesses are engaged because they have particular skills, experience and expertise in relation to an area of knowledge which enables them to provide a report or form an opinion which the court can use to assist in making its decision. For example, the Children's Court clinician, who provides independent expert clinical assessments of children, young people and their families, is an example of an expert witness. Other people who may be called as expert witnesses include paediatricians, psychiatrists and other medical experts.

An expert witness’s duty is to assist the court impartially and not to act as an advocate for any party. An expert witness’s conduct must be guided by the Expert Witness Code of Conduct contained in Schedule 7 of the Uniform Civil Procedures Rules 2005.