Former Dragons’ Den star’s divorce case highlights trouble with ‘expert testimony’ in family law

Robert Herjavec, an entrepreneur and Canadian reality television personality best known for his appearances on Dragon’s Den and Shark Tank.Files

The more complex our world has become, the more likely it is that litigation will involve expert evidence. Many family law cases require the expert testimony of psychologists or social workers who make recommendations on what is in a child’s best interests.

Other experts appearing frequently in the family courts include real estate appraisers and chartered business valuators, who testify about the value of shares in private companies and income for support purposes.

Some years ago, judges began to express concern about the independence of the experts appearing before them: some experts were perceived as being simply another advocate in the courtroom, rather than providing a balanced opinion for the court’s consideration.

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