Custody Review and Compliance Hearings

In many custody cases, the court will implement a custody review hearing strategy to ensure that the custody and visitation plan that has been put in place stays on track and that the parties are complying with the court’s expectations.   The hearings where these occur are often called “review hearings” or “compliance hearings” and they are very important.

The review hearing gives you as a parent the opportunity to show the court that you are doing what needs to be done.   Examples might be the completion of parenting classes, engaging in individual or family therapy, and substance abuse evaluation.   The most important element of any review hearing is to be able to show the court that any prior concerns about your parenting have been addressed and that you are working to be the best parent possible.

A review hearing also gives you an opportunity to show the court if the other parent is not being compliant with the prior order.  It is important to be able to compare and contract your behaviour to the other parent’s behaviour and reinforce with the court and concerns that still exist about the other parent’s decision making and/or conduct.

Frequently the custody review hearing will arise in cases where there is an issue of emergency child custody.  Generally, the circumstances that lead to an emergency filing are the kinds of facts the judge wants to monitor with subsequent review hearings.

Scott Allen has practising law since 1994 and has assisted hundreds of clients in high-conflict custody cases.

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