Section 21.6 In General
Library | Family Law Deskbook and 2014 Supp |
1. (§21.6) In General
Experts can be successfully used to show child abuse and neglect by one or both parents. Sometimes, when victims of child abuse and neglect are of tender years, expert testimony becomes one of the only ways to prove abuse and neglect.
Missouri courts recognize a special exception to the hearsay rule that allows admission of out-of-court statements made by children regarding sexual abuse. Sometimes, children make these statements to experts, such as physicians, psychologists, and social workers. Sometimes, the statements are made to parents or police officers. See:
· S.M. v. M.W.S.M., 750 S.W.2d 650 (Mo. App. E.D. 1988)
· In re Marriage of P.K.A., 725 S.W.2d 78 (Mo. App. S.D. 1987)
· D.L.M. v. L.E.M., 788 S.W.2d 753 (Mo. App. E.D. 1990)
For more on mental health expert testimony in child sexual abuse cases, see Rosalyn Schultz, The Mental Health Expert Witness in Child Sexual Abuse Cases, 41 St. Louis B.J. No. 3, p. 18 (1995).
Experts can also be used to help prove a negative—i.e., that the client is not guilty of child abuse or neglect. In S.E.G. v. R.A.G., 735 S.W.2d 164 (Mo. App. E.D. 1987), a husband used expert testimony to show that his children were not victims of sexual abuse and that he was not an alcoholic. The court affirmed an award of custody to the husband. In Sisk v. Sisk, 937 S.W.2d 727 (Mo. App. S.D. 1996), the father’s expert disproved the mother’s allegations of sexual abuse.
In cases involving physical abuse, physicians can testify regarding their examinations of children who are victims of alleged abuse. There is no requirement, however, that only pediatricians may testify regarding a child’s health. In Lisec v. Coy, 793 S.W.2d 173, 176 (Mo. App. W.D. 1990), a radiologist testified at the hearing on a wife’s motion to modify custody that a six-year-old was malnourished and suffered from a “long term dietary deficiency,” presumably as a result of having been in the father’s custody. The child’s father argued that the doctor’s testimony lacked an adequate foundation because the witness was not a pediatrician. The court of appeals rejected this claim “because the extent of a medical expert’s experience
or training in a given field goes to the weight, not the admissibility of his testimony.” Id. (citing Hord v. Morgan, 769 S.W.2d 443, 448 (Mo. App. W.D. 1989)).
In Jones v. Jones, 902 S.W.2d 363 (Mo. App. E.D. 1995), a father used a speech pathologist to prove that a mother had neglected to properly treat her child’s...
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- Section 21.1 Introduction
- Section 21.2 The Need for an Expert
- Section 21.3 Using an Expert
- Section 21.4 When Using an Expert’s Testimony Makes No Difference
- Section 21.5 Other Problems in Presentation
- Section 21.6 In General
- Section 21.7 When the Client Needs Expert Testimony But Cannot Afford It
- Section 21.8 Maintenance Issues
- Section 21.9 In General
- Section 21.10 Real Estate
- Section 21.11 Value of Stock or Business
- Section 21.12 Value of Services, Including Goodwill in Professional Practices
- Section 21.13 Personal Property
- Section 21.14 Value of Pensions
- Section 21.15 Problems in Presentation
- Section 21.16 Determining Paternity
- Section 21.17 Identifying Handwriting
- Section 21.18 How to Find an Expert
- Section 21.19 Dealing With the Opposing Expert Witness
- Section 21.20 Conclusion
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