2 total
Redacted transcript of assessor's evidence from child welfare trial released for use in unrelated proceeding.
A lawyer representing a mother in an unrelated child protection trial brought a motion seeking the release of a transcript of an assessor's evidence from a prior trial in this proceeding.
The lawyer alleged the assessor misrepresented her qualifications and sought to use the transcript to challenge the assessor's credibility in the unrelated trial.
The court reconsidered its initial dismissal of the motion, finding that under s. 87(10) of the CYFSA, a court order is required to release a transcript to non-parties, including a judge in another proceeding.
The court granted the release of the redacted transcript and the assessor's CV to the judge, parties, and counsel in the unrelated trial, finding a legitimate need and probative value that outweighed any potential harm, given the privacy safeguards in place.
Motion to temporarily implement untested section 112 report recommendations pending trial dismissed.
The applicant father brought a motion to immediately implement the recommendations of an Office of the Children's Lawyer section 112 report on a temporary basis pending trial.
The report recommended that the parties' twin daughters reside primarily with the applicant.
The respondent mother opposed the motion, arguing that the status quo should be maintained.
The court dismissed the motion to change custody, finding no urgent situation requiring immediate intervention and emphasizing that untested professional reports should rarely be implemented on a temporary basis.
However, the court did order that neither party audio or videotape the children or each other for litigation purposes.
