Truman & Truman 2008 FamCAFC 4

Evidence was accepted from a family consultant although the consultant had not interviewed the children involved, and did not observe interactions between the children and parents.  The consultant had conducted a mediation session with parents to help them to reach agreement.

The Court described features of the Less Adversarial Trial procedure that is used in family law disputes. With the help of a family consultant, the judge identifies topics that are in dispute. Affidavits and evidence are prepared after issues in dispute are identified. The judge determines what evidence is required to resolve contentious issues of fact, the manner of presenting evidence, and the manner of testing evidence. The judge decides the number of experts who may give evidence on a topic (experts number of). A judge may interview a child, under conditions that are decided.