How will the Ningbo court investigate your family before ruling custody?- Zhiheng Law Firm

Many people think that to fight a custody lawsuit, the evidence is thicker than who submitted to the court. Income statements, property deeds, and diplomas—each document is carefully presented, as if whoever piles up the tallest stack of papers will be the one to take their child home. This understanding is only half correct. In custody cases, judges are often faced with a bunch of arguments about fighting with each other: the father said that the child was brought up by his grandmother, and the mother said that the child could not live without himself for a day; on the one hand, he said that the other party could not stay home all the year round, and on the other hand, he said that the other party was grumpy and easily threw things. Most of these incidents occur behind closed doors at home, and based solely on the written materials, it is difficult for judges to determine which party’s account is closer to the truth. Because of this difficulty, when necessary, the court will use a set of methods other than written evidence-entrusting family investigators or social guards to walk into the parties' homes, communities, units, and children's schools. Take a look on the spot, sit down and ask questions, and then a relatively neutral third party will issue an investigation report and submit it to the judge. For the parties involved, this means that, in addition to what you say in court, there is another set of eyes observing your everyday, real-life circumstances. Understanding how this mechanism works is often more useful than cramming together evidence.

1. what is a family investigator and a family investigation report

Family investigators are not a newly emerged phenomenon. In 2016, the Supreme People's Court deployed a pilot reform of family trial methods and working mechanisms, and made it clear that professional forces such as family investigators and social worker escorts should be introduced in cases involving special groups such as minors. Since then, the reform opinions have further clarified: According to the needs of the case trial, the people's court can entrust family investigators to investigate the personal experience, personality, physical and mental conditions, family conditions, living environment, work conditions, child support, and children's psychological conditions. And learning status, and support for the elderly. Focusing on minors, the Law on the Protection of Minors makes a connection: the people's courts hear cases involving minors such as divorce, upbringing, adoption, guardianship, and visits, and may conduct social investigations on minors on their own or entrust social organizations. The state encourages and supports social organizations and social workers to participate in social investigations, social care, and psychological intervention in cases involving minors.

Who can be a family investigator? The common practice is to select from the people recommended by the women's federation, justice, education, the Communist Youth League, community and other departments and grass-roots organizations. There are also courts that include retired judges, prosecutors, teachers, psychological counselors, social workers, volunteers and students from university law schools. Investigators generally require good conduct, fairness, strong communication and coordination skills and rich experience. There are usually no less than two family investigators in a specific case, and the court shall notify the parties within three days after the selection, and the parties may apply for the withdrawal of investigators if they have legitimate reasons.

What exactly is being investigated? To put it in a nutshell, any facts relevant to determining “which parent the child would be better off living with” may fall within the scope of the investigation. The investigation report should generally state the investigation method, the marital and family status of the respondents, the recent life of minor children, the parent-child relationship, the results of field observation, and the analysis and suggestions of the investigator. It differs from the evidence submitted by the parties themselves, as it incorporates the observational perspective of a third party.

2. What exactly will the court investigate?

Many parties think that family investigation is to "check the family background" to see whose house is big and whose income is high. The real situation is much finer. The core of the judge's concern is who the child lives with and whether he can get stable care physically and mentally. Around this core, the investigation usually spreads out to the following aspects.

Living environment

The investigator will check the places where the children may live on the spot: whether the house is safe and tidy, whether there is an independent space for rest and study, whether the surroundings are convenient for going to school and seeking medical treatment, and how the living conditions of the elderly who take care of the other generations are. The living environment does not pursue luxury, but seeks stability and predictability. In practice, some courts also go to other places to check the living conditions of the elderly and assess whether it is feasible for children to change places to live.

The current situation of children's life and schooling

The key points are who the child is currently living with, who will pick him or her up, which school he or she is studying in, what is the situation of study and attendance, who will take care of him or her after school, and whether he or she has a stable schedule and extra-curricular arrangement. Courts generally place great importance on the stability of a child’s living and schooling environment: the familiar surroundings, school, and peer relationships that a child has already established should not be disrupted lightly. In some cases, the child was taken care of by the elderly for a long time, but actually lived with the other party and was enrolled in the local school. The court held that the existing living and learning environment was more conducive to the growth of the child, and finally supported the change of the custody relationship.

Parents' Work and Time

The survey doesn’t just ask about income; it also asks whether people have time to spend with their families. The nature of the job, the rules of commuting, whether you need to travel for a long time or work night shifts, whether you can pick up and pick up in person and help with your homework will all be taken into consideration. Sometimes the economic conditions of the two sides are equal, and the difference lies in the "who really has time to spend with the children. In a local survey in Ningbo, the investigators found that the economic conditions of the two sides were roughly the same, but one side was busy with work, and the other side and grandma took longer to take care of the children. The school teachers also reflected that this side was the most frequently picked up and transported on a daily basis. These observations ultimately affected the judgment of the court.

Health and Character of Family Members

The physical and mental health status of both parents, whether they have bad habits such as gambling and drug taking, whether they have domestic violence, and the physical status and care willingness of grandparents who help to take care of their children are all included in the survey. The law has a clear attitude towards this: for those who commit domestic violence or abuse or abandon family members, and for those who have bad habits such as gambling and drug abuse, the court gives priority to the direct support of the other party in accordance with the principle of being most beneficial to minor children. Once investigators find suspected domestic violence and endangering the legitimate rights and interests of minors, they shall immediately report to the court.

The child's own wishes

If the child has reached the age of eight, his wishes will be specifically heard. Investigators can consult their wishes and attitudes in an appropriate way, but they will not simply copy them, but also depend on whether the will has been induced or pressured.

Community and School Feedback

It is a routine action to visit the community, work unit and children's school where the parties live. Teachers, neighbors, and community workers often see aspects of the situation that parents themselves may not be able to articulate: who regularly picks up the child, and the child’s expression when mentioning their parents.

How to do 3. investigation

Family investigation is not a court interrogation, but more emphasis on "human touch" and patience. There are several common ways, often used in combination.

Field visit. Investigators may visit the family’s home to assess their living conditions, and they may also travel to the child’s actual place of residence to observe the child’s behavior in a real-world setting.
Interviews. Face-to-face communication with parents, children and other relevant personnel, and observing the interaction and intimacy between children and caregivers, often reflect the true appearance of parent-child relationship better than written self-reports.
Ask for the child's wishes. Ask children over the age of eight about their attitudes towards upbringing and visitation in an appropriate manner, and try to allow them to express themselves in an undisturbed state.
Psychological assessment and psychological counseling. According to the circumstances of the case, the court may conduct psychological counseling and correction on its own or employ professionals; with the consent of the minor and his legal representative, it may also conduct psychological evaluation. In some cases, techniques such as drawing tests are also employed to uncover children’s true thoughts that they may find difficult to express verbally.
Social worker. With the participation of social work organizations or social observation and care organizations, accompany the children to accept inquiries, safeguard the interests of minors in cases such as the avoidance of guardians, and carry out post-judgment return visits when necessary.
School and community visits. Visit your child's school, community, and unit to collect side information from teachers, neighbors, and community officials.

The survey also has a deadline. Typically, investigators shall complete the investigation and submit a written report within fifteen days of being commissioned; if there are legitimate difficulties, they may apply for an extension, which shall not exceed thirty days. After the report is written, it must be presented in court, and both parties will cross-examination the authenticity, legality, and relevance of the report; if the parties have objections to the content, the court may require the investigator to appear in court to explain the situation, or the investigator will make a written explanation.

What role does the 4. investigation report play in the judgment

This is the place that many parties are most concerned about and easy to misunderstand. Three points need to be explained.

First, the investigation report is the reference for the court to determine the facts, not the only basis. The court will make a comprehensive judgment based on the evidence of the whole case, and may adopt it in whole, in part, or not. The contents of the report that have not been cross-examined cannot be used as a basis for adjudication.

Second, the value of the investigation report lies in its third-party perspective. It is not the one-sided words of the parties, but the independent judgment formed by the investigator based on field visits and interview observations, so it is easier to help the judge see the real situation of the conditions and environment of the upbringing. Such opinions based on a neutral position often play an important role in the court's judgment in favor of the legitimate rights and interests of minors.

Third, the report will not replace the judge's discretion. The wishes of the child, the parenting ability of the parents, the stability of the living environment, and whether there are any circumstances that are not conducive to the growth of the child, are ultimately weighed by the court in accordance with the principle that is most beneficial to the minor children.

5. How can the parties involved respond?

Now that we know how the investigation will proceed, the approach to handling it is clear. the general principle is: truthfulness, cooperation, and stability, not confrontation and camouflage.

State the facts truthfully; do not fabricate. Investigators will cross-check, visit communities, schools, units, and make up a story that is difficult to hold up.
Proactively provide evidence in favor of the child. You can prepare materials around your education background, work and income, the situation of taking care of the child before the dispute occurs, the willingness and ability of the relatives who assist in taking care of the child, etc., and you can also provide evidence from the perspectives of the other party's bad habits, problems in taking care of the child in the past, etc.
Avoid confrontation and camouflage. Temporarily arranging the home to perfection and deliberately performing intimacy in front of the children usually cannot stand observation. Investigators value the daily state.
Pay attention to the stability of residence and schooling. Don't move frequently, transfer to another school, or hide your child for the sake of "fighting for breath. The continuity and predictability of the living environment is itself a factor in the child's favor.
Don't use your child as a bargaining chip. Speaking ill of the other party in front of the child and forcing the child to stand in line will not only hurt the child, but also be seen by investigators and judges, which will reduce the score.

6. How is the child's wish taken into account?

When a child reaches the age of eight, the law requires that their true wishes be respected; however, “respect” does not mean that the child gets to make all the decisions. The court usually arranges the child to be questioned alone in the procedure, avoiding the presence of parents as much as possible, and allowing the child to express himself in an undisturbed environment. When asking, they will take care of the child's emotions, pay attention to communication methods, and let the child express his thoughts in a sincere and equal atmosphere.

More importantly, it’s about vetting the responses. Judges and investigators not only have to listen to the child say who to live with, but also ask the reasons behind it. Some children said they wanted to play games with one side, but when asked carefully, it was because the other side let him play games casually, or the other side was too strict in discipline. Such "will" can hardly be regarded as a real and rational choice. In practice, a child’s wishes may also fluctuate over time and are easily influenced by the parents’ attitudes and external suggestions. Therefore, the court will filter out the factors that may interfere with the child's judgment, and then combine the comprehensive review of living conditions and support conditions, and will not simply tie the ownership of custody to the child's temporary statement.

For children under the age of eight, the court may also seek their views when necessary, but will likewise take care to do so in a manner that avoids undue influence from the parents. It can be said that hearing the child's voice is the first step. It is a more difficult and important step to distinguish whether the child's own meaning is behind the voice.

What a 7. lawyer can do for a client

In cases involving domestic affairs investigations, an attorney’s work extends beyond drafting pleadings and conducting courtroom arguments; it also encompasses a comprehensive set of preparatory measures centered on the investigation.

Determine whether an investigation needs to be initiated. On key issues where the facts are controversial, the conditions of both parties are close, and the interests of minors are involved, it can be suggested and applied to the court to entrust family investigations or introduce social care, and use a neutral third party to present the facts that are beneficial to the parties.
Prepare investigation response. Help the parties to sort out the family situation, the children's life and school status, the division of care, etc. in advance to ensure that the real and favorable situation can be clearly and properly explained during the investigator's visit and interview.
Organize the evidence. Focusing on the direction of parenting ability, living environment, parent-child relationship, and other unfavorable factors, guide the parties to collect and fix the evidence, so that the written evidence and the investigation report can confirm each other.
Protect the children. Remind the parties not to put pressure on the children in the investigation and inquiry process; safeguard the procedural interests of minors on the inquiry arrangement of children's wishes, the consent of psychological evaluation and privacy protection.
Cross-examination and clarification. After the investigation report is presented, cross-examine its content, methodology, and conclusions, and, if necessary, request that the investigator appear in court to provide clarification.

8. Common misconceptions

Around the family investigation, there are some specious statements circulating. If we clarify them earlier, we can avoid many detours.

“You can get the investigation sorted just by pulling strings.”"Family affairs investigators are subject to a recusal system; they must recuse themselves if they have a vested interest in or are close relatives of either party.The report should be presented in court and cross-examined by both parties. It is neither realistic nor may touch the red line.
A single visit seals one’s fate."The investigation report serves only as a reference for establishing the facts and does not constitute a final judgment. The court will make a comprehensive judgment on the evidence of the whole case, and the report may be adopted in whole, in part, or not.
"It's safer to hide the child.""This is the thought we need to be most wary of. If the other party snatches or hides a minor child, the other party may apply for a personal safety protection order or a prohibition on infringement of personality rights; in divorce proceedings, if the party has committed the act of snatching or hiding and there is no serious infringement, the court shall, in accordance with the principle of being most beneficial to the minor child, give priority to the direct support of the other party. Relying on illegal means to create “a fait accompli” often backfires.
As long as the child is willing to be with me, I’ve got it in the bag." The willingness of a child over the age of eight is an important factor, but not the only condition. Whether the will is true, whether the conditions for raising are available, and whether the living environment is stable, all need to be examined together.

9. Frequently Asked Questions

Question: Are family investigators staff members of the court?Most of the time, no. They are mostly from grassroots organizations recommended by women's federations, communities, education, Communist Youth League, judicial and other departments, or social forces such as retired judges, teachers, psychological counselors, social workers, volunteers, college law school students, etc., and are entrusted by the court to carry out their work., And subject to the avoidance system.

Question: Can I refuse a domestic investigation? The investigation is decided by the court according to the needs of the trial, and the parties should generally cooperate. Refusing to cooperate or concealing the facts is often detrimental to oneself. If there is an objection to a specific investigator and there is a valid reason, he may apply for withdrawal in accordance with the law.

Q: Can the survey report directly determine who the child belongs?No. The report is a reference for determining the facts and is cross-examined by the court. The court will take into account all the evidence and make a judgment in the best interests of the minor child.

Q: When the child is eight years old, will he follow whoever he says?No. The court should respect the true will of the child, but it should also identify whether the will is true and whether it has been disturbed, and make a comprehensive judgment based on factors such as raising conditions and living environment.

Q: What should I do if the other party hides the child from seeing him? can apply for personal safety protection order to the court, or apply for injunction against personality right by referring to the relevant provisions of the civil code; if it is impossible to perform the duty of guardianship during the period of separation, it can also request to temporarily determine the matters of child support, and request the party directly supporting to assist the other party in performing the duty of guardianship.

Q: Will the other party's domestic violence or gambling and drug abuse affect the custody?Yes. In divorce proceedings, both parents request to directly raise their children who have reached the age of two, and if one party engages in domestic violence or maltreatment or abandonment of family members, or has bad habits such as gambling or drug abuse, the court will give priority to the other party in accordance with the principle of being most beneficial to the minor children. Raise directly.

10. Practical Insights from a Lawyer

Many people think that the custody lawsuit is more material than others. In fact, the most difficult thing for the judge to deal with is the contradictory statements that the public is reasonable and the mother-in-law is reasonable. Just because it is difficult to judge family matters on paper, the court will entrust family investigators or social nurses to enter the home, community and school when necessary, and a relatively neutral third party will issue a report for the judge's reference. This means that in addition to what you say in court, there is also a pair of eyes looking at your daily real life. The living environment, parent-child relationship, and children's academic status will all be seen.

From the perspective of coping, the most critical thing is never to cram for materials, but to make the daily state stand up to watch. Whether the living environment is safe and tidy, whether the children have a fixed learning and rest space, who is taking care of them every day, and how the relationship with the neighborhood teachers is, all these can not be played out at the moment. The parties concerned should take the initiative to cooperate with the investigation after the case is started, truthfully provide contacts, pick-up arrangements, medical and school records, and keep the actual traces of their long-term companionship; if the other party has a situation that is not conducive to the growth of their children, it should also be reflected in a verifiable way, rather than just oral in court.

In addition to the investigation, it should be used as a reference for negotiation. Since the third-party report will affect the judge's judgment on the real life state of both parties, the strategy can be adjusted accordingly at the negotiation stage: if the conditions of the third party are solid, try to facilitate the determination of the upbringing arrangement by mediation, and avoid spreading the details to the more confrontational trial; If one has obvious shortcomings, one shall make up for them in advance, or reduce the other's worries through agreed visits and joint education. No matter which path you take, making life itself sustainable carries more weight than any single performance.

At the end of the custody case, the competition is never about who has a loud voice and who has a lot of materials, but who can make the children live a more stable life after divorce. The significance of family investigators and investigation reports is to restore "family affairs" as visible and verifiable facts as much as possible, so that the judge's judgment is closer to the child's real situation. As far as the parties concerned are concerned, instead of focusing on how to "beat the other party", it is better to focus on how to "take good care of the children": truthfully cooperate with the investigation, stabilize daily life, keep the traces of care along the way, and don't let the children become a tool for adults to compete.