The Virginia Court of Appeals recently ruled in the case of Ashley Blanks v. Tyler Winslow Blanks, addressing a dispute over who should pay a coparenting therapist's appearance fee. The court found that Ashley Blanks, the mother, should not be responsible for the $1,500 fee because the therapist was called to testify on behalf of Tyler Blanks, the father. This ruling clarifies how expert witness fees are allocated in custody disputes.
This case is significant for parents involved in custody battles, as it sets a precedent regarding the financial responsibilities associated with expert witnesses. The ruling emphasizes that the party who calls an expert witness is the one who must pay for their testimony, which could impact future custody and visitation cases.
Background
Ashley and Tyler Blanks were married for about eight years before separating. They have a daughter who was not yet two years old at the time of their separation. Following their split, both parents filed petitions for custody and visitation in the juvenile and domestic relations district court. After a temporary shared custody arrangement was announced in February 2024, the court required both parents to attend coparenting counseling.
The coparenting therapist, a trauma counselor, used various techniques to help the parents focus on their child's well-being. However, she later concluded that coparenting had become unfeasible and terminated her services. The therapist testified on two occasions: first during a review hearing on August 30, 2024, and then during a custody hearing on December 3, 2024. Tyler Blanks called the therapist to testify, while Ashley Blanks cross-examined her.
After the hearings, the circuit court found it was in the child's best interest for Tyler to have full custody. The court then addressed the therapist's expert witness fee. Ashley argued that she should not be responsible for the fee because she did not subpoena the therapist or call her as a witness. The circuit court, however, ruled that each party should pay $1,500 to the therapist.
The Ruling
The Virginia Court of Appeals reviewed the case and ultimately reversed the circuit court's decision regarding the therapist's fee. The court found that Code § 17.1-612, which governs expert witness fees, clearly states that the fee should be paid by the party in whose behalf the witness testifies. The court noted, "The therapist was subpoenaed and called by father, and she testified in his behalf."
Judge David Bernhard, writing for the court, emphasized that the allocation of the fee is mandatory and not discretionary. He stated, "The direction that the fee be paid by the party in whose behalf the witness testifies is mandatory." The court concluded that since the therapist testified on behalf of Tyler, he should be responsible for her fee.
The court also clarified that Ashley's cross-examination of the therapist did not make the therapist her witness. The court noted that the therapist's testimony was aimed at advancing Tyler's case, not Ashley's. Therefore, the court ruled that the circuit court erred in directing Ashley to pay part of the therapist's fee.
Impact
This ruling has important implications for future custody cases in Virginia and potentially beyond. It establishes a clear guideline for how expert witness fees are to be allocated, particularly in family law cases. Parents involved in custody disputes can now better understand their financial responsibilities regarding expert witnesses.
The decision reinforces the principle that the party who calls an expert witness to testify is the one responsible for paying that witness's fees. This clarification may lead to more careful consideration of who calls experts in custody cases and could influence how parents approach coparenting counseling in the future.
What's Next
The court's decision can be appealed to the Virginia Supreme Court, but details regarding any potential appeal were not available in the court filing. There are no related cases pending that were mentioned in the opinion.