How has the Court considered the role of the amicus curiae in determining the outcome of a custody dispute?

In evaluating these criticisms, the considerable influence that the amicus has had on the outcome of custody disputes must be borne in mind. Some concerns have been raised that the amicus’s opinion is being substituted for the decision-making role of the courts. This view has been expressly refuted by the learned justices in Copithorne v. Copithorne, supra, and in M. v. M., supra. However, the custody awards in cases that go to trial are estimated to be consistent with the amicus’s recommendations in 80 per cent to 90 per cent of the cases (I.L.R.R. Report No. 43, ante, at p. 18). More importantly, in about “90 percent of cases the presentation of the report and recommendations of the amicus curiae will induce the parties to settle the case”. (Pollock, ante, at p. 197).