Delay in filing of experts report in family court... what happens?

[Courtnightmares]

Bit of a stressful time in family court. Has been very traumatic.

We had a psychological report ordered at the beginning of the year, this was the cafcass Guardians recommendation following her Section 7.

The report was completed, unfortunately the expert that was instructed didn't follow the fact finding findings and report got struck out.

The Guardian and her Barristers pushed for an instruction of a particular new expert.. as a result, this expert was jointly instructed by the applicant and me and by the Children's solicitors.

We undertook the relevant conversations with said psychologist. Report was due beginning of November.. unfortunately due to some personal circumstances of the expert the report was delayed and is yet to be filed. We were due to have a directions hearing but this is now vacated and relisted in January.

My question is, what if there is a further delay in the report being filed, is it possible another expert could be instructed and we go through this for a third time? It will also impact the final hearing date either way I imagine.

I've been told the court cannot do anything or change anything without this report. That they cannot defer to the Guardian as the Guardian considered it essential for this expert to undertake a psychological assessment.

Is it just a matter of waiting?
The report will contain the essential recommendations from a psychological perspective that pertain to contact which will feed into the Guardians report from a welfare point of view.

I just don't want to have to go through this again. Its traumatic and draining.

Any advice welcome.

It is just a matter of waiting.

If something goes wrong again, you are free to say you will not take part in a further assessment.

Even if it impacts the final hearing date?

Also, how can things progress if I don't participate in any future assessment? It was a global psychological assessment of both parents and child.

Is this private law proceedings (dispute between parents) or public law proceedings (local authority bringing the case)?

Do you have a solicitor?

If you have a solicitor, you can ask the solicitor to chivvy the expert along. It's a joint instruction so the expert is 'yours' as much as anyone else's.

If there is a further delay it is unlikely there would be another expert instructed, as they will want the existing expert to just get on with it. If you're represented you could consider asking your solicitor to make noises about wasted costs to the expert - wasted costs against experts are extremely rare but possible - but this would be a bold move if you're not represented.

Thank you. It's private law, I am the respondent and the father is the applicant.
I have a Solicitor but she doesn't reply to me very often as she's often in court! i found out from the Barrister as to why this current report is being delayed!
The expert is currently going through something very traumatic (can't say as very outing) she has advised she has undertaken the assessments but the report is just yet to be written up in it's entirety.
I am keen to get her report because I feel quietly optimistic about her findings and recommendations in that I have suspicion the report will go against the father (again) just based by some of her responses to me and her body language and that she did not entertain some of the suggestions put forward by the father on contact progression.
She also was very surprised to know the father was having supervised contact currently given the level of abuse extended to our child and findings that were made against him.
I guess it is just a matter of waiting isn't it?

Then yes, it's just a matter of waiting. If the assessments are done, the report is partially written and there is a good reason that the expert is delayed, then it's exceptionally unlikely that the court would jettison that report and order a new one, especially if there's already been a previous one. Frustrating, but hang on in there.