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    We cannot agree on who should have custody of our children. When we go to court, will the children have to go too?
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    The judge will want information about the needs of the children and their relationship with each of you. Judges generally want to avoid having children give evidence in these cases.
    In some circumstances, you may want to ask for an assessment. An assessment is a detailed review of your family situation by a person such as a social worker, psychologist or psychiatrist. The person doing the assessment will usually meet with each member of the family and sometimes with other people. He or she will then write a report for the court, which contains recommendations on the issues of custody and/or access. In most cases, you and your spouse will be responsible for the costs of the assessment.
    In some cases the judge may ask the Children's Lawyer to conduct an investigation and report back to the court with recommendations (page 45). The Children's Lawyer may assign a clinical investigator to conduct the investigation. The clinical investigator will meet with the children, the parents and other key people.
    If the court feels that the children would benefit from having their own lawyer during the court process, the court can ask the Children's Lawyer to provide a lawyer to represent your children's interests in court.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.





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