Gahen & Gahen 2014 FamCAFC 122
After parents separated a child lived with the mother and spent time with the father who lived with a male companion. The mother alleged that the child was sexually abused and withheld the child from the father. The child was medically examined but no evidence of sexual abuse was found. The judge did not order that visits by the father be supervised.
The mother appealed and complained that the child’s treating psychologist had not been permitted to provide an affidavit (therapist evidence). The judge found that the child had been referred to the psychologist for treatment of anxiety, not abuse. The judge recommended that the psychologist’s notes be subpoenaed as the psychologist was a mandatory reporter, and the judge did not find that oral evidence was required from the psychologist. The judge noted that a report had already been obtained from a family consultant, and viewed the psychologist as potentially an adversarial witness (expert adversarial).
The appeal was dismissed.