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Difference between revisions of "Children and Parenting after Separation"
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Children and Parenting after Separation (view source)
Revision as of 21:53, 18 May 2013
, 21:53, 18 May 2013→Needs of the child assessments
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Section 211 of the ''[[Family Law Act]]'' allows the court to order that an assessment be conducted of the children's wishes, the children's needs, and the ability of a person to meet those needs. Needs of the child assessments are helpful to the court and can be very useful when the parties are trying something other than court, like mediation, collaborative settlement processes, or arbitration. | Section 211 of the ''[[Family Law Act]]'' allows the court to order that an assessment be conducted of the children's wishes, the children's needs, and the ability of a person to meet those needs. Needs of the child assessments are helpful to the court and can be very useful when the parties are trying something other than court, like mediation, collaborative settlement processes, or arbitration. | ||
The Supreme Court | The Supreme Court discussed the purposes of the old custody and access reports in a 2001 case called ''[http://canlii.ca/t/4xfd Gupta v. Gupta]'', 2001 BCSC 649. The court's comments apply just as well to the new needs of the child assessments: | ||
<blockquote>"The purpose of a Court ordered s. 15 Assessment and Report ... is to assist the Court in determining the issues before it, including the paramount of issues of what is in the best interests of the children. The section itself contemplates that the person doing the investigation must be approved by the Court, and must be independent or neutral. ... The investigation is carried out for the purposes of the Court, and in the best interests of the children, and not those of the partial parents who are embroiled in what is seen as the dispute of their lives, who generally represent the extremes of every issue, and whose evidence is often found to be coloured to say the least."</blockquote> | <blockquote>"The purpose of a Court ordered s. 15 Assessment and Report ... is to assist the Court in determining the issues before it, including the paramount of issues of what is in the best interests of the children. The section itself contemplates that the person doing the investigation must be approved by the Court, and must be independent or neutral. ... The investigation is carried out for the purposes of the Court, and in the best interests of the children, and not those of the partial parents who are embroiled in what is seen as the dispute of their lives, who generally represent the extremes of every issue, and whose evidence is often found to be coloured to say the least."</blockquote> | ||
