Judicial inquiry

A psychological examination of the minor children regarding:

• living situation and perception,
• The nature and quality of their relationship with each of the parents,
• identify their needs and requirements.

Identify the possibilities and ways of restoring the relationship between parent and child and the conditions that must be met to achieve this.

The study may be expanded according to the specific needs of the children involved.

Content of the expert examination

In the study of children/youth, we identify the nature and quality of the child/parent relationship and describe the living situation and experiences of the children.
In relation to the parents, we will check for attachment disorder, loyalty problems, parental rejection and so on.
We gauge how the children perceive the parenting rules, values and norms of both parents, where the differences and bottlenecks lie.

In case there is a disagreement between the parents regarding the child’s problems, targeted investigations can be carried out into the presence of a possible psychological problems such as autism, A(D)HD, personality, learning disabilities and intelligence testing. See more on ourdiagnosis page for this.

From this, advice can be given regarding educational type, medical and or psychological counseling.

In identifying sexually transgressive behavior, psychological and physical abuse and other forms of abuse, the severity of trauma in the child is determined.

Likewise, the impact of cultural differences, child abduction, alcohol and drug abuse on all involved can be explored.

Survey of parents, grandparents, foster parents or other educators

Examination regarding the psychological profile of the parents including a personality assessment.

Parents’ pedagogical and affective capacities and an evaluation of parents’ norms and values regarding parenting.

Contacts with externals

When appropriate, we will contact outside stakeholders such as the school, CLB, family physician, health care providers, mental health centers and any outside individuals or services that can provide meaningful information.

Mediation between child and/or parents

Often the judgment includes a mediation order. It involves optimizations in parenting arrangements including parenting agreements that serve the best interests of the child.

At WALSHA, the best interests of the child always come first!

Mediation between victim – offender

Less well known but often very useful is the possibility of mediation between victim and offender. This form of victim-offender mediation is useful for processing traumatic experiences and in situations where the relationship and cooperation between victim and offender plays an important role. Victim-offender mediation has no bearing on sentencing.

Also check out our victim-offender mediation page.

You as an attorney request an expert opinion.

In some cases, as a council member, you may find it useful to ask an expert to conduct some research. This request can be directed to the juvenile/family court but can also be requested outside the court.

An examination may be useful when;

• conflicts escalate and the best interests of the child are lost.
• the existing visitation arrangement is no longer to the children’s benefit or when conflicts accumulate to the point where a change is necessary.
• one of the parents was not present in the child’s life for an extended period of time and is seeking contact again.
• there is a suspicion of abuse, mistreatment or neglect.
• If in a co-parenting arrangement, communication is no longer possible between the parents.
• The personality and intellectual level of parents can also be examined. e.g., when after an out-of-home placement their child is allowed to return with conditions.

An expert is appointed when the juvenile/family court judge believes that an opinion from psychotherapist, psychologist, remedial educator, psychiatrist or another discipline is appropriate to clarify or resolve a problem. The judge is assisted in his opinion by an expert. The appointment of an expert is always made after consultation with the parties.

This form of expert opinion provides advice on the most appropriate residence and or visitation arrangements for the children.
They often also probe the parents’ personality traits, their norms and values, and how the children perceive the current state.

If, as a parent, you believe that an expert opinion is appropriate, you may suggest it to your counselor who will convey your request to the juvenile/family court judge. You can also file this directly with the clerk of the court where your case is pending.
The judge can appoint us and determines our assignment. Your attorney and/or you yourself may suggest an expert the one he/she believes is best placed to conduct the investigation.

When to propose an expert?

• one of the parents does not comply with court decisions regarding the children’s residence or right to personal contact
• If the children refuse a residence arrangement
• in case of parental repudiation
• If a joint custody disagreement needs to be resolved
• If there are problems around school choice
• If there is neglect, abuse, violence from one of the parents
• in case of kidnapping
• and all disagreements in which the children are parties involved

How does this work in court?

• The judge makes a ruling with the appointment and task of the expert. This judgment is sent to us and allows us to contact the two parties. You do not need to call us we will contact you the week of arrival of the judgment.
• Within 8 days, we notify the court of the acceptability of the case. If we refuse to handle this case we will give reasons for our decision.
• If the judgment provides for an installation meeting or one of the council members requests it, it will proceed in the presence of the parties and their attorney at the courthouse behind closed doors.
  During the installation meeting, parties will be informed about the course and content of the investigation. The order the court gave us is discussed. It is explained to parents how we will accomplish our mission. Appointment dates are set and it is determined who will accompany the children. Parties are also informed of the costs associated with this investigation.
• If there is no installation meeting then the appointed expert himself takes the initiative to invite all parties involved in an inception meeting. The main difference with the installation meeting is that it takes place without the presence of the judge.
• The parties are required by law to cooperate in the expert examination. If a party fails to do so, the court may attach consequences.
• The obligation to cooperate also includes the obligation to pay the estimated advance of your costs. The judge determines the commission you should pay. If the advance is not paid on time, the court may order that the investigation not proceed. Thus, the expert investigation cannot be initiated as long as the commission was not paid. The commission should be deposited to the court.
• Expert examination at WALSHA is always multi-disciplinary. I.e., our employees from the various legal entities may be involved in the investigation. In this way, our opinion is based on multiple bias.
• An investigation is adversarial which means that all interim reports are shared with all parties. The interim reports are also delivered to the judge.
  This allows the conduct of the expert examination to be overseen.
• Our brief often states that the expert should attempt to reconcile and mediate the parties. For information on this, please see the family mediation page on this website.
• We place great importance on the counseling process with parents and stakeholders. There is often an interim counseling session as well as a counseling session after the study is completed. In doing so, we increase engagement and favorably influence implementation.
• When the investigation is completed, the preliminary report is prepared and sent to all parties involved. in a joint alignment is given the opportunity for comments. The time frame to submit comments is usually 3 weeks.
• After receiving the decisions from yourself and the council members, the report is completed. I.e., we include your council member’s comments in the report and include our comments. The final report is sent to the juvenile/family judge and the parties involved.
• We adhere to the processing period as determined by the court.
  An examination takes an average of 2 to 6 months to complete.
  Walsha always respects these deadlines so that the next session can proceed on the scheduled date.
• A detailed account will be prepared. This is sent to you the judge along with the final report.
• Our advice is soundly based, the approach is professional and based on years of experience.

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