Child Custody Sexual Abuse And Expert Witness Misconduct
Our high conflict child custody sexual abuse allegation lawyers handle both sides of these explosive family law cases. Judges hearing allegations of child custody sexual abuse need to err on the side of caution and put protections in place when there is some basis to believe the allegations. But what mischief happens when experts get involved in a child custody sexual abuse case who have questionable credentials. Worse still what happens if they rely on discredited theories in a child custody and sexual abuse dispute?
More distressingly, what happens if the child custody sexual abuse allegations are false and children and a parent have been denied maximum contact with the unfairly smeared parent? A recent BC Court of Appeal child custody sexual abuse case allowed an extraordinary extension of time to bring an appeal by a father whose reputation was destroyed by findings made in a family trial where an expert’s credentials are now being impugned years after the trial ended.
BC Appeal Court Allows Extension To File Appeal On Alleged Expert Fraud
In this week’s J.P. v. B.G., 2016 BCCA 91 decision extraordinary and explosive facts were presented by a father’s whose reputation was destroyed and whose children have been denied contact with him based on a finding he sexually abused his children in a child custody sexual abuse case.
Summary:
A father, B.G., unrepresented at trial, seeks an extension of time to appeal an order in a family case more than three years out of time. The trial judge found that B.G. sexually abused his children and these findings were incorporated as facts in a second civil trial where he was found to also have sexually abused his youngest child over a different time period. Held: Application granted. Although granting an extension of time in the face of a three-year delay is extraordinary, this case is extraordinary and the interests of justice overwhelmingly favour it. There is evidence that an expert tendered by the mother at trial to prove the abuse was a fraud. The “expert” not only may have lacked bona fide credentials and experience, but her opinion relied on a debunked and inadmissible scientific theory. This evidence permeates the judgment, including the sexual abuse findings. The evidence and findings were incorporated into the civil trial, which is properly under appeal, and relied on there to make additional findings that the father sexually abused another of his children. Disallowing the extension could result in the “expert’s” evidence standing in the family trial and challenged in the civil trial under appeal.
[29] In my view, when one considers all of the factors, including whether there was a fraud on the court; that the evidence of Claire Reeves in the family trial is inextricably linked to the civil trial which is properly under appeal; the fact of B.G.’s destroyed reputation and the inability to see his children since the judgment; the weight of the factors and the ultimate issue of the “interests of justice” is overwhelmingly in favour of granting the extension of time to file the notice of appeal or notice of application for leave to appeal. If the latter, I would grant leave to appeal. The issue of final versus interim order will be left to the division, if it is necessary to resolve.
[30] I would allow the application and grant the extension of time to file the notice of appeal or application for leave to appeal. If necessary, I would grant leave to appeal.
Our child custody and sexual abuse lawyers will provide expert legal advice on this explosivley charged issue.
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