February 09, 2017
Congratulations to our family law partner, Carl Graham, and to our very happy client who secured custody of his son after a highly contested custody case that spread over several hearings. Both parenting experts (the Parental Responsibilities Evaluator and the Child’s Legal Representative) had recommended against our client.
However, Carl’s review of the full 1000+ page PRE file, not just the official report, revealed that there were significant concerns about the other parent which did not make it into the report itself. Those notes provided plenty of points for a lengthy cross-examination of the expert, after which the judge agreed that those concerns justified ruling in father’s favor.
Prevailing against one expert report is challenging, but winning in the face of two adverse recommendations is almost unheard of. And for that reason, it is also not something one should expect to happen routinely – our case was helped by having a very good father, and a very unique set of facts that probably will not apply in every case.