If you've received notice of a family investigation

If the presiding judge or the head of the mediation committee considers it necessary, they order a family investigator (가사조사관) to conduct a family investigation (가사조사). The investigator looks into the parties' living conditions, finances, health and home environment, and submits a report with the results and their opinion to the court (Rules on Family Litigation (가사소송규칙) Articles 8, 9 and 11).

It is not done in every divorce case. It is mainly ordered when who will raise the children is disputed, or when the accounts of responsibility for the breakdown or how the assets were built differ sharply. An interview at the court is the basic format; depending on the case it may end in one session or require several, and home visits or interviews with the children may be added if needed.

In actual interviews, the following are generally asked. If you organize your answers in advance, you will not lose your train of thought even if you are nervous.

• How you met and married, and when the relationship started to go wrong
• Why you want a divorce and whether you are open to repairing the relationship
• How the assets were built and what each of you did, and why any debts arose
• Your child's daily routine, homeroom teacher, doctors and favorite foods
• Where you will live after the divorce, and who will look after the child while you work
• Your thoughts on how the other parent will see the child
• How housework and childcare have been shared
• How you plan to work out matters concerning the child with the other parent going forward

Bring a one- or two-page timeline listing the major events in date order. It is important to check in advance that it does not contradict what you wrote in the complaint, answer or briefs. You don't need to bring all the evidence; just mark the key items among the evidence already submitted.

If custody is at issue, material that shows you have actually been caring for the child helps, such as notices from the daycare or school, medical records and plans for after-school care.

If assets are at issue, prepare a list of assets, loan records, and a table of the money each of you brought into the marriage. Also organize the terms you want after the divorce and what you can concede, so you will not waver if the investigator asks about the possibility of an agreement.

Calmly describing when, where and what happened gets across much better than words blaming the other parent. For example, rather than saying 'they have no interest in the children', say 'they spent most weekday evenings and weekends on work'.

Rather than hiding facts unfavorable to you, admit them and explain the reasons and what you are doing now. Even if you are encouraged to settle during the investigation, you do not have to answer on the spot; you can state your position after thinking it over.

Lies or exaggerations are easily exposed when checked against other material, and once you lose credibility, your other statements are doubted too. Bringing up the other parent's private life more than necessary can also create new disputes.

The investigator may meet the child separately to hear what the child has to say. If the child is 13 or older, the court must in principle hear the child's opinion before deciding the person with parental authority (친권자) and the custodial parent (양육자) (Rules on Family Litigation Article 18-2). Coaching a child on what to say or getting the child to speak badly of the other parent is obvious to the investigator and works against you when the custodial parent is decided.

If a home visit is scheduled, simply show naturally what the child's room and study space are like and who the supporting caregivers are. It is better for everyday life to show than a staged appearance.

Explain to the child why they are meeting the investigator in a way that does not burden them, but do not tell them what to say. Also avoid pressing the child afterward about what they said.

Once the report is submitted to the court, check through your lawyer how much of it can be viewed, and if anything is recorded incorrectly, submit a brief asking for it to be corrected. The report is only one piece of material for the decision; it does not become the judgment as is.

If the situation has changed after the investigation, for example because you moved or the child changed schools, inform the court in writing and explain the difference between the report and the current situation.

At Jisan Law, we go over likely questions with you before the investigation to check the flow of your answers. If a date for the family investigation has been set, contact us through the chat on this page.