A New York Court ruled that a party in a divorce representing himself should have been given a full copy of a forensic report regarding his divorce. Although the court found that it was an error they determined that it was harmless and not enough to dismiss the action, as reported by a New York Law Journal article published June 27th, 2012.
Specifically, the court ruled 4 to 1 that the husband had an opportunity to review the report with an attorney prior to the attorneyâ€™s dismissal. The court stated that by dismissing the attorney and going pro se the husband was assuming all risks and responsibilities of the case.
Forensic expert reports are generally used for child custody cases. They provide the court with a detailed analysis of the parties and children involved in the case. These analysis are performed by social workers, psychiatrists or psychologists and focus on what would be factors in the best interest of the children. Each party in the case is provided a copy for their review. However, the court in this case found it did not cause significant harm to the husband and his motion to vacate judgment was denied.
Jayson Lutzky, P.C. (https://mynewyorkcitylawyer.com/) has been a practicing New York attorney for over 30 years and is experienced in working with divorce cases and can assist you in all your family law issues. If you have legal questions about a child custody, child support, or spousal support issue, then please feel free to call us at 1-800-660-LAWYER or 1-800-660-5299 or visit our office for a free initial consultation.