Gaines & Gaines 2013 FMCAfam 108

A lawyer representing a father applied for two reports prepared by a family consultant to be set aside and for the family consultant to be discharged as the reports were not independent.

The judge found that 81 texts had been exchanged between one child in the family and the wife of the consultant, without the knowledge of either parent or the Court.  The judge found that the consultant’s report was not independent but had been influenced by the consultant’s wife (expert evidence unsatisfactory).  The judge set aside the reports and discharged the consultant.