Anonymous

Difference between revisions of "Family Law Trials in Provincial Court"

From Clicklaw Wikibooks
Line 47: Line 47:


In family law matters where guardianship and/or the children’s living arrangements are in dispute, one or both parties may request that a person be appointed to prepare a report pursuant to section 211 of the ''[[Family Law Act]]''. That section empowers the court to direct a person approved by the court to conduct an investigation into:
In family law matters where guardianship and/or the children’s living arrangements are in dispute, one or both parties may request that a person be appointed to prepare a report pursuant to section 211 of the ''[[Family Law Act]]''. That section empowers the court to direct a person approved by the court to conduct an investigation into:
<blockquote>
(a) the needs of a child in relation to a family law dispute;


(b) the views of a child in relation to a family law dispute;
*the needs of a child in relation to a family law dispute,
 
*the views of a child in relation to a family law dispute, or
(c) the ability and willingness of a party to a family law dispute to satisfy the needs of a child.
*the ability and willingness of a party to a family law dispute to satisfy the needs of a child.
</blockquote>


Depending on the scope of the assessment, a social worker or a counselor or a psychologist may be appointed.  The section 211 assessment involves the appointed person conducting interviews with both parents as well as the children and may involve additional steps such as observing each parent with the children (either in each parent’s home or at the psychologist’s office), conducting psychological testing of the parents (if the person is a psychologist and qualified to do so), conducting interviews with collateral witnesses, and then preparing a written report of the observations and opinions (if asked that an opinion be provided).   
Depending on the scope of the assessment, a social worker or a counselor or a psychologist may be appointed.  The section 211 assessment involves the appointed person conducting interviews with both parents as well as the children and may involve additional steps such as observing each parent with the children (either in each parent’s home or at the psychologist’s office), conducting psychological testing of the parents (if the person is a psychologist and qualified to do so), conducting interviews with collateral witnesses, and then preparing a written report of the observations and opinions (if asked that an opinion be provided).   
Line 63: Line 60:
For more information on these types of reports, see the ''How Do I?'' part of this resource:   
For more information on these types of reports, see the ''How Do I?'' part of this resource:   
*[[How Do I Get a Needs of the Child Assessment?|How do I get a needs of the child assessment?]]  
*[[How Do I Get a Needs of the Child Assessment?|How do I get a needs of the child assessment?]]  
*[[How Do I Get a Views of the Child Report?|How do I get a views of the child report?]]  
*[[How Do I Get a Views of the Child Report?|How do I get a views of the child report?]]


=== Consider expert evidence ===
=== Consider expert evidence ===