The court will consider the whole case
As a lawyer, I usually explain that the final hearing is the day when the court finally considers the whole case. This is where all the evidence is presented, witnesses give evidence and both you and the other parent have the opportunity to explain why your proposed arrangements best meet your child’s needs.
Many people imagine the final hearing as a dramatic television trial in which someone ‘wins’ and someone ‘loses’. In reality, child custody cases are far more nuanced.
How the hearing begins
When you arrive at the district court, you will usually meet the judge, the lay judges, the other party and your respective legal representatives. In most child custody cases, the court consists of one legally qualified judge and three lay judges. These are the people who will later decide on custody, residence and contact – legal responsibility for your child, where your child will live and arrangements for contact with a parent.
The hearing normally begins with the judge reviewing the case and ensuring that everyone knows which issues are to be decided. The court goes through the orders sought and clarifies what you and the other parent each want the court to decide.
The lawyers’ opening statements
The lawyers then usually give their opening statements. This is where they present their respective accounts of the case and go through the available evidence.
As a lawyer, this is an important stage. It is not about speaking the loudest or with the most emotion. It is about helping the court understand your child’s situation and why the arrangements you are seeking best serve your child’s best interests.
The parents give evidence
After the opening statements, the court begins hearing the evidence. This is when you and the other parent give evidence.
Usually, one parent first describes their relationship with the child, how everyday life works, how the parents have co-operated and why they believe the court should make a particular decision. The other party’s lawyer then asks questions. The same process is then repeated with the other parent.
This is often a very important stage. As a lawyer, I usually say that the court does not only listen to what you say. It also observes how you say it. Can you answer calmly and objectively? Does your account seem coherent? Do you take responsibility for your own shortcomings, or do you place all the blame on the other parent?
The court is very familiar with conflict. Harsh attacks on the other party are often what impresses it least. What often inspires the greatest confidence is a parent who can describe the situation objectively while keeping the focus on the child.
Witnesses’ specific observations
Once both parents have given evidence, the witnesses are called. These may include teachers, headteachers, designated support workers, relatives, social workers or other people with relevant knowledge of your child.
It is important to understand that witnesses are not there to say whom they consider a good or bad parent. The court is much more interested in specific observations. A witness who can describe how your child manages in everyday life or what actually happened in a particular situation is often far more valuable than someone who merely expresses personal opinions.
The importance of the custody assessment report
Once the witnesses have given evidence, the custody assessment report is often examined in greater detail. In many child custody cases, this becomes a central part of the final hearing. The family law service within social services has often spent several months carrying out the assessment, so its conclusions carry considerable weight.
If you or the other parent believe that the custody assessment report contains errors or shortcomings, you must explain these clearly and specifically. Simply saying that the assessment is unfair is rarely enough. The court wants to understand exactly what is alleged to be wrong and why.
As a lawyer, you often see that the court is particularly interested in the family law service’s reasoning on:
- Your child’s safety and sense of security
- The parents’ ability to co-operate
- Any risk factors
- Your child’s need for stability
Closing submissions summarise the case
Once all the evidence has been considered, the lawyers make their closing submissions. This is often their last opportunity to address the court directly before the judgment is written.
They summarise the whole case, reviewing what the evidence has shown, how the custody assessment report should be understood and why the arrangements they are seeking best meet your child’s needs.
It is important to understand that, by this stage, the court often already has a fairly clear picture of the case. The final hearing is therefore not just about presenting new information. It is also about helping the court understand the overall picture.
Waiting for the judgment
When the hearing ends, you and the other party leave the courtroom. Judgment is not normally delivered on the same day. Instead, the judge and lay judges review the material and begin their work on the judgment.
For many parents, the wait after the final hearing is the most psychologically demanding part of the entire process. All the evidence has been presented. All the arguments have been made. The decision now rests with the court.
A few weeks later, the district court delivers its judgment. It then decides on custody, where your child will live and arrangements for contact.
The end of a long process
As a lawyer, however, I usually say that the final hearing is not the day when the custody case is decided. In reality, the case has been built over a long period before then. The court has already read the application commencing proceedings, considered the preliminary report, followed the oral preparatory hearing, examined the custody assessment report and reviewed the evidence.
The final hearing is therefore not the beginning of the assessment – it is the end of a process in which the court has spent a long time trying to answer the same question:
Which arrangements will give your child the greatest security, stability and opportunity to develop well despite the conflict between you and the other parent?