A custody and access assessment should not be implemented at a motion

February 28, 2017

The recommendations set out in a custody and access assessment and report can carry significant weight with the court. However, it is clear that an assessment is one piece of evidence, which needs to be tested in full by the trial judge. I had a motion where the wife tried to change an equal time-sharing arrangement to one of primary residence to her, on the basis of an assessor’s recommendation. I represented the husband. Her motion was dismissed.  The link to the case can be found here.