Message from the Editor

• Publication year: 2020
• Author: Nathan W. Gabbard, CFLS

Message from the Editor

Nathan W. Gabbard, CFLS

When a cloud of uncertainty dims the ordinary path ahead, it is reassuring to know that some things are consistent. And the quality of dialogue presented through the Family Law News and its variety of talented contributors continues to shine brightly. Once again, our authors have delivered meaningful and thoughtful discussions that fill this issue with reliably noteworthy content.

Wondering how to use secretly obtained audio or video recordings as evidence? Curious if that will pose a risk to your client of self-incrimination? Jessica Abdollahi explains the risks associated with using audio and video recordings of confidential communications obtained without 2-party consent, and she describes a possible exception to the general rules when it comes to using this type of evidence in domestic violence proceedings.

One way to impress a client is to masterfully cross-examine the opposing party's expert witness. Stephen Hamilton suggests employing expert witness discovery as a means to maintain control over the cross-examination of an expert witness and avoid that witness hijacking the cross-examination.

Sometimes practitioners - of course, not you, dear reader - oversimplify terms of art. Doing so can reduce the value of the term and confuse its meaning. To that end, Justin O'Connell elaborates on Family Code §2640, including its meaning, impact, and limitations.

When a child custody case requires the assistance of a mental health professional, challenges exist in obtaining an available expert. Those challenges are increasing. Specifically, custody evaluators and mental health professionals are simply unavailable in some counties, while other counties have limited access, such that extensive wait times make their involvement impractical. Diane Wasznicky suggests...