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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 09:20, 25 March 2013
, 09:20, 25 March 2013→Needs of the Child Assessments
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===Needs of the Child Assessments=== | ===Needs of the Child Assessments=== | ||
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 | 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 of British Columbia, in a 2001 case called ''Gupta v. Gupta'', concerned the old custody and access reports but applies just as well to the new needs of the child assessments: | The Supreme Court of British Columbia, in a 2001 case called ''Gupta v. Gupta'', concerned the old custody and access reports but applies just as well to the new needs of the child assessments: | ||
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Once the assessment is finished, which can take anywhere from two months to eight months, the assessor sends the assessment to the parties and to the court, if the assessment was court ordered. These assessments can be used in two ways: to encourage settlement; and, at trial, to persuade the court that one parent or guardian is to be preferred over the other. The person who prepared the assessment can be called to testify at the trial and will be subject to cross-examination as to how the assessor reached his or her recommendations. | Once the assessment is finished, which can take anywhere from two months to eight months, the assessor sends the assessment to the parties and to the court, if the assessment was court ordered. These assessments can be used in two ways: to encourage settlement; and, at trial, to persuade the court that one parent or guardian is to be preferred over the other. The person who prepared the assessment can be called to testify at the trial and will be subject to cross-examination as to how the assessor reached his or her recommendations. | ||
It is important to remember that the function of the assessor in court is to present his or her recommendations and the evidence that he or she relied on, such as test scores and interview observations, in coming to those recommendations. At the end of the day, it is always up to the judge to decide the parenting arrangements for the children. A needs of the child assessment is merely the assessor's recommendation to the court based on his or her particular expertise as an experienced psychologist, psychiatrist or family justice counsellor; the assessment is not a final determination of the issue. | It is important to remember that the function of the assessor in court is to present his or her recommendations and the evidence that he or she relied on, such as test scores and interview observations, in coming to those recommendations. At the end of the day, it is always up to the judge to decide the parenting arrangements for the children. A needs of the child assessment is merely the assessor's recommendation to the court based on his or her particular expertise as an experienced psychologist, psychiatrist, or family justice counsellor; the assessment is not a final determination of the issue. | ||
===Views of the Child Reports=== | ===Views of the Child Reports=== | ||
