In Brief
A couple of different nationalities (Kenyan-British and Indian) disputed custody of their son. A High Court-appointed mediator and counsellor prepared reports during mediation, which the respondent mother objected to on grounds of confidentiality. The Supreme Court held that while mediation is confidential, reports from mediators and counsellors about the child's behaviour and welfare in custody matters are not confidential. The Court restored a judgment holding that such expert reports assist the court in exercising its parens patriae jurisdiction to determine the child's best interest, and thus should be considered by the family court.
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