CHILDREN, PSYCHIATRISTS AND THE COURTS - UNDERSTANDING THE AMBIVALENCE OF THE LEGAL PROFESSION .1. GENERAL-PRINCIPLES

Psychiatrists and other mental health professionals are frequently inv olved as expert witnesses in court proceedings related to children and adolescents. Their testimony may be based on a therapeutic relationsh ip, but frequently arises because of an assessment conducted specifica lly for the court process. This two part paper discusses some of the i ssues that arise when child psychiatrists are involved as expert witne sses in litigation, with specific focus on their role in child custody , sexual abuse and young offender cases. It also offers some practical advice for those who may be called as witnesses. There is controversy in the legal profession about the role of mental health professionals in the court process. While there is recognition of their expertise, there is also a concern about not wanting to have experts usurp the ro le of the courts. Legal professionals also question the ''objectivity' ' of experts, and the reliability of their opinions. Frequently the op inions of psychiatrists about children and adolescents involved in lit igation have inherently speculative and value based dimensions, and no t ''scientific''. Participation in the court process by mental health experts is nevertheless a vitally important role, providing informatio n, analysis and recommendations about what are often very difficult so cietal decisions. Part two of this paper starts on page 531.