Psychologist Can’t Be One Sided Expert

CHILD CUSTODY – EVIDENCE – PSYCHOLOGICAL EXAM

Kelly v. Kelly
No. 46748
(Idaho Supreme Court, September 10, 2019)
The magistrate court abused its discretion by permitting husband to retain psychologist to perform a parenting time evaluation as his expert, in divorce proceeding when child custody was a contested issue; parenting time evaluators can be selected only by stipulation of the parties or by appointment of the court, in either case, the chosen expert must be neutral, and not beholden to either side, and psychologist was ultimately paid over $105,000 to conduct the parenting time evaluation on behalf of husband. Further, the magistrate court abused its discretion when it ordered wife to undergo a psychological evaluation and counseling, as recommended by psychologist, husband’s expert, during child custody portion of divorce trial; a judge had no authority to order medical or psychological treatment in a child custody case unless there was direct testimony that such treatment would be in the best interest of the child, and there was no language indicating a psychological evaluation was in the best interests of child