Q & A
Question: My child’s doctor has prepared a report and it does not help my case. Do I have to give a copy to the other party?
Answer: If a party obtains an expert medical report for a parenting case, whether before or after a case has commenced, a party must disclose a copy to the other party and the Independent Children’s Lawyer (if appointed). If a report is obtained before the case starts, then at least 2 days before the first Court event or if the report is obtained during proceedings, then within 7 days after the report is received.
The rules of Court are absolute and unlike obligations of disclosure in financial cases where there is no general requirement to disclose an expert’s report. The rule further sets out a mandatory obligation to disclose regardless of any argument that the document may be privileged.