When parents separate, it is important to make good agreements about the care of the children. In some cases, parents do not manage to reach a decision together on care arrangements or parental authority. When a conflict arises that parents cannot resolve themselves, and they start court proceedings about it, the judge can call on the Child Protection Council to give an independent opinion. This article explains step by step how such an investigation by the Council works, so that, as a parent, you know what to expect. It also explains how a lawyer can support you in this process.

Step 1: Reason for the investigation

The judge can call in the Child Protection Council if a court case is pending about the care arrangement or parental authority and the judge needs more information to make a decision. This can happen, for example, when:

• Parents cannot agree on how to divide the care of their children (the care arrangement).
• One of the parents asks the court for sole parental authority.
• One of the parents feels that joint parental custody is not in the best interests of the child.
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The judge asks the Council to investigate what is in the best interests of the child and to advise on this.

The role of the lawyer: Before the judge calls in the Council, you usually already have contact with a lawyer. The lawyer will help you present your position clearly and submit the requests to the judge on your behalf. Once the request for investigation is made by the Council, your lawyer can also advise on what to expect and how to prepare for the investigation.

Step 2: The start of the investigation

When the Child Protection Council receives a request from the judge, an investigation is started. The first step is for a Council employee to contact both parents. Here, the parents are explained the purpose of the investigation and how the process will proceed.

The council investigator, who has responsibility for the investigation explains this to the parents.

Role of the lawyer: Your lawyer can help you understand what the council investigator's investigation plan means and which aspects are important to you. In addition, your lawyer can ensure that your interests are properly represented during the investigation, for example by making sure that all important information is included in the investigation. The lawyer does all this entirely in the background. He or she is not present at the meetings with the Council and is not a communication partner for the Council during the investigation. It is therefore important that you keep your lawyer well informed of the progress of the investigation, so that your lawyer can advise you at the appropriate times on how to proceed and on the likely consequences your provision of information to the Council.

Step 3: Meetings with the parents

An important part of the investigation are the interviews that the council investigator conducts with both parents. During these talks, both parents get the chance to tell their side of the story. They can express their concerns and wishes about the care arrangement or parental authority and explain what they think would be best for their child(ren).

The investigator often also asks about the history of the relationship, how parents communicate with each other and any tensions or conflicts between the parents.

The role of the lawyer: Although discussions with the council investigator take place without a lawyer, you can discuss in advance with your lawyer what is important for you to emphasise. Your lawyer can help you structure your thoughts well and avoid possible pitfalls in the conversation. After the interview, your lawyer can also help clarify any ambiguities.

Step 4: Conversations with the children

In many cases, the council investigator also talks to the children. This is usually done with children from around 6 years of age, depending on their developmental level. The aim of these conversations is to find out how the child feels about the situation and what their wishes and needs are. The child's well-being is at the heart of the study, so the child's opinion is always included in the advice.

The investigator does this in a child-friendly way, where the child feels safe and free to talk without feeling that he or she has to make a choice between the parents.

The lawyer's role: The lawyer has no direct role in talking to the children, but can prepare you for how these talks will go. Your lawyer can also give advice on how you, as a parent, can talk to your child about the investigation without pressuring or influencing your child.

Step 5: Information from other stakeholders

Besides the parents and the child, the council investigator may also gather information from other stakeholders, such as teachers, social workers or other professionals who know the child well. This could be a school, GP or a psychologist, for example. The aim of this is to get as complete a picture as possible of the child's situation and his or her environment.

The role of the lawyer: Your lawyer can help you determine which persons who play a role in your child's life could provide relevant information to the Council. If certain important aspects or persons are not included by the Council in the investigation, your lawyer can communicate this to the judge later.

Step 6: Analysis of the information

After all the interviews and collection of information, the Council investigator analyses the situation. This involves looking at what is in the best interests of the child. Important aspects that the Council takes into account are:

• The emotional bond between the child and both parents.
• The stability and continuity in the child's life.
• The child's safety.
• The communication between the parents and their ability to make decisions together.
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Step 7: The advisory report

Based on the analysis, the council investigator writes an advisory report. This report describes what the Council considers important for the child and what they think is the best care arrangement or who should be granted parental authority. The report also contains an explanation of the reasons for this advice.

You will first receive a draft report, to which you may respond in writing. Afterwards, both the judge and the parents and their lawyers receive a final report. This advice is an important part of the process, but the judge does not always have to follow the advice. Ultimately, it is the judge who makes the final decision.

Role of the lawyer: Only the parents receive a copy of the draft report. You will then have the chance to respond to the draft report in writing. The deadline for doing so is exceptionally short, usually only one week. Your lawyer can help you with this reaction. Share the draft report with your lawyer as soon as you receive it and discuss with him or her whether and how you will react. Your lawyer will receive a copy of the final advisory report. Together with your lawyer, you can discuss the final report and see whether you agree with its contents. If you disagree with the Council's conclusions, your lawyer can formulate counter-arguments which can be submitted in writing to the court and/or put forward during the hearing.

Step 8: Court hearing

After submitting the advisory report, a court hearing will follow in most cases. Here, both parents get another chance to respond to the advisory report. The judge may ask additional questions of the parents or the council investigator. Based on the Council's advice and the information revealed during the hearing, the judge will make a preliminary or final decision on the care arrangement or parental authority.

The role of the lawyer: Your lawyer represents you during the hearing and ensures that your point of view is put forward clearly and convincingly. The lawyer can also respond to questions from the judge or clarify points that are important to you. A good lawyer will help you make your voice powerful in court.

Step 9: The judge's ruling

The final step in the process is the judge's ruling. The judge carefully weighs all the information and decides what is in the best interests of the child. The ruling may mean a new care arrangement or that one of the parents gets parental authority. The judge may also decide that joint custody is retained.

Role of the lawyer: Your lawyer will help you understand the judgment and can advise you on possible next steps. For example, if you disagree with the judgment, your lawyer can discuss with you whether it makes sense to appeal, or whether other steps can be taken.

Conclusion

The investigation by the Child Protection Council can be an exciting and emotional process for parents and children. Your lawyer can play an important supporting role in this process by guiding you, representing your interests and helping you achieve the best outcome for you and your child. A specialised family lawyer is the right choice to help you take the right steps and protect your interests.

Contact Ms Angelique van den Eshoff, experienced family lawyer at SPEE lawyers & mediation for expert advice and support.