Where arrangements for children are seriously contested, the court rarely decides on the parents' affidavits alone. It appoints an expert, under section 47 of the Family Law Act 1995 in Circuit and High Court family proceedings, or section 32 of the Guardianship of Infants Act 1964, to assess the family and report. For most parents this is the single most consequential document in the case, and the least understood.
What the assessor does
The assessor, typically a psychologist or other suitably qualified professional, meets each parent, meets the children, may observe access, and may speak to schools or treating professionals. The report addresses the questions the court directs: living arrangements, access patterns, particular welfare concerns, and, where directed, the views of the child conveyed with regard to age and maturity. Recommendations are not binding, but they carry substantial weight, and departures from them are reasoned rather than casual.
How to engage
The guidance solicitors give clients is consistent because the failure modes are consistent. Engage honestly and on time. Answer the questions asked rather than litigating against the other parent through the assessor. Never coach children, assessors are professionally alert to it and it damages the coaching parent. Raise genuine welfare concerns with evidence, not adjectives. A parent who presents as focused on the children's needs rather than the marital grievance reads exactly as they should.
Reports cost money and take time, and in high-conflict cases a second report is sometimes sought. Courts are slow to permit expert shopping; the better course is almost always to engage properly with the first process.
This article is general information, not legal advice. For the full practice area, see Children: Custody, Access and Guardianship, or contact the practice to discuss a matter in confidence.