In Politi v. Tyler, 170 Vt. 428, 751 A.2d 788 (Vt. 2000), the pertinent fact relied upon by the Vermont Supreme Court was the fact the psychologist was not appointed by the trial court rather the parties contracted with the psychologist. In particular, the court order stated: "Counsel to let us know within a week who to engage for a forensic evaluation." As a result of this language and the contractual language, the Vermont Supreme Court found the psychologist was acting as an expert witness for the parties and not acting as an arm of the family court.