Waiting for the judgment
But the proceedings are not quite over yet.
When the parties leave the courtroom, the court begins its work on the judgment. The judge and lay judges review all the evidence, the custody assessment, the witness testimony and everything that emerged during the final hearing. The court must then make what may be the most difficult assessment in the entire case: which arrangement best serves the child’s best interests.
For many parents, waiting for the judgment is the most psychologically demanding part of the proceedings. You can no longer influence the outcome. Everything has been said. All the evidence has been presented. Now all you can do is wait.
The judgment and the time limit for appealing
A few weeks later, the district court delivers its judgment. In the judgment, the court explains its reasoning and the circumstances that were decisive. It then sets out its decisions on who is to have custody, where the child is to live and what the contact arrangements will be.
When the judgment is delivered, the next important time limit begins to run.
As a lawyer, I usually explain that a district court judgment does not automatically become final on the day it is delivered. Both parties normally have the opportunity to appeal to the Court of Appeal. The appeal must usually reach the district court within three weeks of the date on which the judgment was delivered.
During these three weeks, the judgment has normally not yet become final and binding.
A final and binding judgment or review by the Court of Appeal
If neither party appeals within the time limit, the judgment becomes final and legally binding. This means that there is no longer any ordinary route of appeal through which you can have the judgment reviewed by a higher court.
But if either parent appeals, the case moves to the Court of Appeal. That court first considers whether the case should be admitted for review. If it grants permission to appeal, the proceedings continue there.
When a parent does not comply with the judgment
What many people do not realise is that new problems can arise even after the judgment has become final and binding.
A common example is where one parent is awarded sole custody, or the judgment states that the child is to live with a particular parent, but the other parent refuses to comply.
As a lawyer, you unfortunately see situations like these regularly.
Sometimes the child is not handed over after contact. In other cases, a parent refuses to accept that, under the judgment, the child is to live with the other parent. The dispute then shifts from the courtroom to the question of enforcement.
Applying for enforcement
Many people believe that the police will automatically come and collect the child the day after the judgment. That is not normally how it works.
If a parent does not comply with a final and binding judgment, the other parent can apply to the district court for enforcement. By doing so, you ask the court to ensure that the earlier judgment is actually put into effect.
The court then examines the situation again, but the issue is no longer who should have custody or where the child should live. That has already been decided. The question now is whether the judgment should be enforced.
A voluntary solution, conditional fines and collection of the child
In many cases, the court first tries to secure a voluntary solution. But if a parent continues to refuse to comply with the judgment, the court can order various measures.
- A conditional fine means that the parent who does not comply with the judgment risks having to pay a substantial sum if the handover does not take place.
- In more serious situations, the court can order the child to be collected as an enforcement measure. The authorities may then assist in ensuring that the child is handed over in accordance with the judgment.
The child’s best interests in enforcement proceedings
As a lawyer, however, I usually say that courts are very cautious about using coercive measures when children are involved. The child’s best interests remain the central issue in enforcement proceedings. If there are circumstances in which an immediate handover could harm the child, the court will take these into account.
This is why enforcement proceedings often become complicated. Legally, a parent may be entitled to what the judgment provides, but the court must also take account of the child’s current situation.
Parents sometimes find this frustrating. You may think, ‘But I won in court.’ Yet there are really no true winners or losers. Even after the judgment, the court continues to apply the same fundamental principle that has guided the entire process from day one: what is best for the child right now?
That is why custody proceedings sometimes continue even after the judgment has been delivered. Not because the court is uncertain about its decision, but because the child’s best interests always take priority over the parents’ conflict.
Stability and security after the judgment
As a lawyer, I therefore usually say that the judgment often marks the end of the legal dispute, but the beginning of the real challenge: creating stability, calm and security for the child after a long and often highly conflict-ridden process. That is where the child’s best interests must finally become a reality, rather than merely a legal concept in a judgment.