How to Overcome a Negative Family Court Services (FCS) Report?
Even with careful preparation, a parent can receive an unfavorable Family Court Services (FCS) report before their custody hearing. Litigants should speak to an experienced attorney to get the best recommendation possible; however, a mediator may misquote you, misunderstand your concerns, or recommend a parenting plan that does not serve your child’s best interests. The FCS mediator will not review the court file or will review a small portion of the court file, giving the mediator limited exposure to your established case.
While an FCS mediation report holds influence with the court, it is not a court order and does not have to be adopted by the Court. The Court relies on FCS mediators to gather facts and provide recommendations. However, the judge retains broad discretion to issue custody orders with the children’s best interest as their guiding principle. Overcoming an unfavorable report can be challenging, but the attorneys at Livingstone Law have successfully done so many times on behalf of our clients.
How do We Challenge an Unfavorable FCS Report?
Correcting Mistakes. Reports may contain factual errors or misrepresent a parent’s statements. Our attorneys review the report, identify inaccuracies, and present the correct information. Proving the court context and factually accurate information allows the judge to issue orders that are in a child’s or children’s best interest.
Showing that the recommendations do not serve the child. Family Court mediators deservedly have the respect of the Court. We do not disparage them. However, the mediators have a heavy caseload and limited time to write custody recommendations. The FCS recommendation might create excessive travel time for your child, disregard your work schedule, or rely on incomplete information. In some cases, one parent may have misled the mediator, and you did not have evidence or a chance to refute the inaccuracy until after the mediation. We help you identify the most compelling facts and evidence to demonstrate to the Court why the recommended plan fails to protect your child’s best interests—and why an alternative parenting plan does.
Addressing changes in circumstances. Mediation often takes place months before the custody hearing. In the meantime, children’s schedules may shift, parents may relocate, or circumstances may change. We update the court on changes in the facts and circumstances to illustrate that the mediator’s recommendation should not be adopted as a Court Order.
Handling concerns of bias. Alleging mediator bias requires caution. FCS mediators receive specialized training to remain neutral, and courts rarely overturn their reports on bias claims without compelling evidence. Still, bias can occur. If you suspect it, document your concerns immediately and discuss them with your attorney. We can advise you on how to raise the issue without harming your credibility before the Court.
Work with Experienced Custody Attorneys
An unfavorable Family Court Services report does not have to determine the outcome of your case; it is important to take the report seriously and to go to court prepared with strategies to rebut an unfavorable report.
Proven strategies exist to challenge the recommendations. Notify your attorney immediately when you receive the report so you can develop and execute a plan to request suitable custody orders.
Consult with an experienced family law attorney as soon as possible. At Livingstone Law, we guide parents through custody disputes with skill and determination, always focusing on the child’s best interests.
Contact us today at (619) 630 2165 to discuss your options and protect your relationship with your children.
