Appel appel appel appel depending is very limited in this type of litigation, as the courts of appeal are unwilling to replace their judgment on the facts with the trial judge who presided over the proceedings. Step 4: Appear before the judge. If mediation is not successful or mediation is not necessary due to domestic violence, your custody case will then be tried before a judge. During the trial, you and the other parent have the right to provide evidence (e.g.B. Their own testimony, testimonies, relevant documents such as police reports or medical records that may prove domestic violence, etc.). The judge will review the evidence presented by you and the other parent and decide who should have custody, what type of custody that person should have, and what type of access the non-custodial parent should have.4 It is generally best to have a lawyer to represent you in court.