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-   -   Getting source notes from assessment (https://www.ottawadivorce.com/forum/showthread.php?t=22361)

GreenGrass 02-22-2019 11:07 AM

Getting source notes from assessment
 
Hello,

I had an a section 30 assessment done, received the detailed report.

I asked for clarification on an item and the assessor cut off communication. I also asked for their presentation document from the disclosure meeting and was ignored. Bow do I get the presentation notes and all their background notes for this assessment?

Stillbreathing 02-24-2019 09:36 AM

My lawyer told me to consider these reports nothing more than expensive toilet paper until such time that there is a trial and you are allowed to cross examine the assessor. You are not entitled to nor can you ever get a copy of the assessors notes if you have concerns or questions about their final report.
Should your ex wish to implement some of the recommendations in the report prior to trial then you can state in an affidavit that you object and would need to cross examine the assessor first.
My ex requested the judge implement an assessors recommendation for unsupervised access. The report was faulty and contained startling errors and easily proved mistruths. My lawyer expressed our grave concern to the judge about the recommendations and that we wanted to cross examine the assessor. My ex did not get what he wanted . The judge quoted some of the assessors comments about her observations of the childrenís comments to her to deny him unsupervised access. In other words by reading the report the judge came to a different conclusion than the assessor.
I was actually looking forward to my lawyer cross examine her and watching her squirm. It would have been poetic justice but it never got that far.

Tayken 02-24-2019 08:03 PM

Quote:

Originally Posted by Stillbreathing (Post 234032)
You are not entitled to nor can you ever get a copy of the assessors notes if you have concerns or questions about their final report.

Incorrect. You simply have to request them. They need to produce all materials that were used to support the writing of the final report. It is very common practice to get copies of the supporting information for their final report.

The only thing you can't request is any notes between the expert and counsel. But, the notes taken for interviews with the parties are fair game. Good lawyers always request them and get them.

tunnelight 02-25-2019 08:05 PM

Quote:

Originally Posted by Tayken (Post 234035)
Incorrect. You simply have to request them. They need to produce all materials that were used to support the writing of the final report. It is very common practice to get copies of the supporting information for their final report.

The only thing you can't request is any notes between the expert and counsel. But, the notes taken for interviews with the parties are fair game. Good lawyers always request them and get them.

would it make sense to request them after the matter has bee concluded? Meaning it never went to trial as the judge basically told my ex she was going to lose so ot settled on consent.

Just to see if they will provide or not? or fuck it?

Asphenaz 02-27-2019 06:45 PM

Quote:

Originally Posted by tunnelight (Post 234100)
would it make sense to request them after the matter has bee concluded? Meaning it never went to trial as the judge basically told my ex she was going to lose so ot settled on consent.

Just to see if they will provide or not? or fuck it?

My humble advice is that itís time to move on. As you said the matter is over.

Tayken 02-27-2019 09:26 PM

Quote:

Originally Posted by Asphenaz (Post 234106)
My humble advice is that itís time to move on. As you said the matter is over.

Unless you have to go to trial still.

My recommendation is to hire a competent trial lawyer who knows all the complex details about expert witnesses and disclosure. In southern Ontario, they run about 650$ an hour. But, if you can afford a private assessment under Section 30 you should be able to afford an appropriate lawyer.


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