If both parents want custody, how does a judge know who to believe?

If a custody matter goes all the way to a hearing before a judge with testimony given by witnesses, there will likely have been involvement by an independent assessor who looked at the question of custody. In some provinces, the court will order that an assessment of the needs of the children be done and a report prepared. In other provinces, one or both parents can arrange for this to be done and pay for the assessment. The judge will usually pay close attention to what the independent assessor concludes.

The judge may also hear from other witnesses, such as other family members, teachers, the family doctor, or others with insight about the best interests of the children.

The judge may also speak to the children themselves, if they are old enough, and will consider very seriously what the children say.

---

July 2006

see also:

• More Custody FAQs
• More Divorce FAQs

Back