The assessment carries considerable weight
The court does not have to follow the family law service’s recommendation, but its custody assessment often carries considerable weight because the service has worked with your family over an extended period and analysed the situation in depth. Many cases begin to take a clear direction at this stage.
Reading and reviewing the assessment report
You, the other parent and your legal representatives can read all the material: assessments of your child’s sense of security, your ability to cooperate as parents, your child’s relationship with each of you, any risk factors, and the recommendation on custody, residence and contact. Here, custody means legal responsibility for your child, residence concerns where your child lives, and contact concerns time spent or communication with the other parent. For many parents, this is an emotionally difficult part of the process.
Your legal representative examines the report in detail. Are there shortcomings, overlooked circumstances, inaccuracies or contradictions? If the family law service has formed an inaccurate picture, it may be important to explain to the court why certain parts should be questioned or qualified.
The final statement of evidence
The next step is the final statement of evidence, in which you and the other parent specify the evidence you intend to rely on at the final hearing, which witnesses are to give evidence and what they are expected to say. This may include:
- Text messages and emails
- Records relating to contact
- Information from your child’s school or healthcare providers
- Records from social services
- Other information showing how your child is affected
The right evidence – not the most evidence
The court is rarely impressed by large, disorganised volumes of material documenting conflict. What carries the most weight is clear, relevant and credible evidence that helps the court understand your child’s circumstances: how your child is affected, how you and the other parent behave during conflict, and which of you can provide the greatest sense of security over time.
The final hearing and judgment
Once the final statement of evidence has been filed, preparation of the case is essentially complete. By then, the court has reviewed the application commencing proceedings, heard from you and the other parent at a preliminary hearing, received the family law service’s initial report, read the custody assessment report and seen the evidence relied on. The final hearing then takes place, and only afterwards does the court decide on custody, residence and contact.
Your case is built step by step
Custody cases are rarely decided in a single dramatic day in court. Every meeting, document, conversation and step taken during the proceedings can affect how the court views your child’s circumstances. Ultimately, the question is almost always the same: which arrangement offers your child the greatest stability, sense of security and long-term safety?