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Difference between revisions of "Children and Parenting after Separation"

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The B.C. 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 reports prepared pursuant to section 211 of the ''Family Law Act'':
The B.C. 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 reports prepared pursuant to section 211 of the ''Family Law Act'':


<blockquote><tt>"The purpose of a [court-ordered 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></tt>
<blockquote><tt>"The purpose of a [court-ordered 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."</tt></blockquote>


A more recent case where the court discusses why a section 211 report should be ordered is ''[http://canlii.ca/t/g2nxw Smith v. Smith]'', 2014 BCSC 61.
A more recent case where the court discusses why a section 211 report should be ordered is ''[http://canlii.ca/t/g2nxw Smith v. Smith]'', 2014 BCSC 61.