During contested custody or matrimonial proceedings, both Parties will need to file Affidavits that set out their positions on ancillary matters. These Affidavits would also contain evidence in support of what the Parties are seeking.

Accordingly, when it comes to disputes involving child issues, a Party might wonder whether they can adduce a psychiatric report on their child or request for their spouse to undergo a psychological assessment. In this article, we will answer whether this is possible, and the steps that one would take to do so.

Adducing a Psychiatric or Psychological Report

If one Party wishes to rely on a Psychiatrist’s or Psychologist’s report of their child during the course of matrimonial proceedings, they would have to apply for leave of Court (i.e., permission) for the child’s respective Psychiatric or Psychological assessment.

Where such leave is granted, the evidence from this assessment can only be used for the purposes of Family Courts proceedings.

The process of making such an application is outlined as follows:

• Filing of Summons

1. The Party seeking a leave of Court to have the child assessed would do so by way of a summons.
2. The summons must be in the manner as prescribed in the Family Justice Courts Practice Directions and will include:
    Name of expert (i.e., the Psychiatrist or Psychologist);
    Name and date of birth of the child;
    Date the report is to be filed in the Family Courts;
    Details of the Party bearing the costs of preparation of the report and/or other arrangements for payment;
    Details of the Party who will be writing to the expert;
    Date the Party will write to the expert;
    Details of the other Party; and
    Whether the other Party consents.
3.  A draft Letter of Instruction to the Expert Witness (i.e., the Psychiatrist or Psychologist) must also be annexed to the application. This draft letter will also have to follow the manner as prescribed in the Family Justice Courts Practice Directions.

• Court Hearing

1. The Family Courts will fix the application for leave for a hearing.
2. During this hearing, the Family Courts will listen to both Parties’ respective points of view and consider all relevant circumstances of the matter at hand before coming to a decision.
3. The Family Courts may make orders as deemed fit, which include:
    Directions relating to the appointment of an independent expert;
    The remuneration of the independent expert; and/or
    Limits to the number of experts that may be called in for proceedings.

Alternatively, if the Family Courts finds it appropriate and necessary in the circumstances of the matter at hand, it may of its own volition call for a Custody Evaluation Report or Access Evaluation Report accordingly. The Family Courts will then appoint a suitably qualified professional to assess the child.

Requesting Psychiatric or Psychological Assessment for the Other Party
If either Party wishes to advance an argument that their spouse should be referred for a psychiatric or psychological assessment, the only avenue to do so would be through a Family Courts application. In doing so, they will have to provide strong reasons for why such a clinical assessment is necessary.

For matrimonial proceedings, the Family Courts will order that a Party undergo a psychiatric or psychological assessment, only if there is a risk of this Party’s alleged condition impacting on the child adversely.

It is not in every case that the Family Courts will request a clinical assessment for a Party, as a matter of course for all proceedings relating to the care of a child. The applying Party would therefore have to show some basis for concern regarding the mental state of a parent.

• This would be more than just the other Party reacting to situational stresses arising from the matrimonial proceedings.
• Rather, there must be evidence which indicates that the Party being referred for assessment may have an underlying chronic medical condition that would affect their abilities to parent the child significantly.

Otherwise, in the absence of proper rationale, the Family Courts will decline to appoint a Psychiatrist or Psychologist to assess the Party.

Role of the Psychiatrist or Psychologist
In most matrimonial proceedings, the Psychiatrist or Psychologist will either be selected and agreed upon jointly by both Parties, or appointed independently by the Family Courts. The latter option is preferred to avoid any bias towards their client.
The Psychiatrist or Psychologist is considered an Expert Witness and will have several duties towards the Family Courts, such as:

• Assisting the Family Courts on matters within their field of expertise – this overrides any obligations owed by the expert to the Party appointing them;
• Being independent and unbiased in the formation of their opinion;
• Considering all relevant and material facts, including those which might detract from their opinion;
• Displaying the literature or other material used in forming their expert opinion with full transparency – if a concrete opinion cannot be reached due to insufficient information, the expert will have to state the extent to which their opinion may be provisional or qualified by such further information;
•  Confining their opinion to matters that are material to the dispute and providing opinions in relation only to matters that lie within their expertise – whereas if a question or issue falls outside the bounds of their expertise, this also has to be made clear.

Finding a Psychiatrist or Psychologist
The first step to seeking a suitable Psychiatrist is to visit a public or restructured clinic such as the Institute of Mental Health, or to visit a private psychiatric clinic. For the latter, it is important for Parties to first check if a referral letter is necessitated by their health insurance policies, prior to consulting an experienced Psychiatrist who is neutral.

Depending on the Party’s circumstances, a good Psychiatrist tends to be certified by the Singapore Psychiatric Association or may hold credentials to an equivalent degree. Identifying an experienced Psychiatrist is often key to conducting a fair psychiatric assessment.