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==Needs of the child assessments==
==Needs of the child assessments==


Under s. 37(1) of the ''[[Family Law Act]]'', when the court or the parties are making orders and agreements about guardianship, parenting arrangements, or contact with a child, the parties and the court must consider the best interests of the child only. Under s. 211, the court can appoint a person to <span class="noglossary">assess</span> one or more of:
Under section 37(1) of the ''[[Family Law Act]]'', when the court or the parties are making orders or agreements about guardianship, parenting arrangements, or contact with a child, the parties and the court must consider the best interests of the child only. Disagreements often arise around what's ''best'' when it comes to these decisions. In some cases, it can help to get the opinion of a neutral third party. Under section 211 of the act, the court can appoint a person, typically a psychologist, clinical counsellor, or social worker, to <span class="noglossary">assess</span> one or more of:


*the needs 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
* the views of a child in relation to a family law dispute, or
*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.


These reports, called ''needs of the child assessments'', were formerly known as "section fifteen reports" or "custody and access reports" under the old ''Family Relations Act''. They can be very helpful in resolving a dispute about the care of children and the court <span class="noglossary">will</span> usually give a great deal of weight to the assessor's opinion.
The professional appointed to prepare the report will usually: interview the child's parents or guardians; interview the children, depending on their age and maturity; watch each parent or guardian interacting with and parenting the children; administer personality and parenting tests to the parents; read any reports that are available about the children's medical and mental health; and, interview a few people who know the family and the children. What the professional actually does will depend on the circumstances of the family and the sort of report they have been asked to write.
 
The report the professional will prepare is called a ''needs of the child assessment'', and will provide a summary of what the professional has learned about the family, as well as the professional's opinion about what is in the best interests of the children. (You might also hear these reports called ''section 211 reports''. Under the old ''[http://canlii.ca/t/ldg3 Family Relations Act]'', these reports were called ''section 15 reports'' or ''custody and access reports''.) These reports are intended to be neutral and prepared without bias. They are ''evaluative'' because the professional is providing their expert opinion about the parents or guardians, the children, and the arrangements that are best for the children.
 
Needs of the child assessments can be very helpful in resolving a dispute about the care of children. The court <span class="noglossary">will</span> usually give a great deal of weight to the assessor's opinion and recommendations.


==Picking the assessor==
==Picking the assessor==


Needs of the child assessments are routinely prepared by family justice counsellors, social workers, registered clinical counsellors, psychologists and psychiatrists.  
Needs of the child assessments are routinely prepared by family justice counsellors, social workers, registered clinical counsellors, and psychologists.  
 
===Family justice counsellor reports===


Family justice counsellors are employees of the Ministry of Justice based in registries of the Provincial Court. Their reports are free, but because there is such a high demand for these reports and there are so few family justice counsellors who are trained to prepare them, the delay from requesting a report to getting it done might be anywhere from eight to 14 months.
Family justice counsellors are public employees. Their reports are free as part of the Family Justice Report Service, but they are in very high demand and there is usually a long delay. The only way to be referred to the service is by court order. Once the Family Justice Report Service receives both a copy of the court order and the referral form from the court registry, the report will be placed on a list for assignment to a family justice counsellor.


In general, private reports prepared by social works and mental health professionals can be done faster, but they come at a cost. The reports prepared by psychologists typically cost between $6,000 and $10,000.
Not all family justice counsellors are trained to prepare needs of the child asssessments, and the delay between requesting a report to getting it done might be up to a year. You can call the Family Justice Report Service at 604-851-7059 or find a [http://www.clicklaw.bc.ca/helpmap/service/1019 Family Justice Centre] near you to learn more about the service.
 
===Private reports===
 
As an alternative, you can pay for a report to be prepared by a social worker, clinical counsellor, or psychologist. These can generally be done much faster, but they come at a higher cost. The fees for reports prepared by psychologists typically range between $5,000 and $20,000, depending on the number of children involved, where the children and the parents or guardians live, and the amount of work that needs to be done.
 
To find a professional to prepare a needs of the child assessment, you can:
* ask for a referral from a psychologist or counsellor you know,
* get a recommendation from your lawyer,
* read through some of these cases on [http://bit.ly/s211reports CanLII] which contain the names of professionals who have prepared these reports for court, or
* contact the [http://www.findapsychologist.ca Canadian Register of Health Service Psychologists] for a referral.


==Arranging for the assessment==
==Arranging for the assessment==


The parties can agree that a needs of the child assessment <span class="noglossary">will</span> be prepared, but if they can't agree, an application can be made to court for an order that an assessment be prepared. The order <span class="noglossary">will</span> usually specify exactly who is being retained to prepare the report and can also specify how the report <span class="noglossary">will</span> be paid for.
The parties can agree that a needs of the child assessment <span class="noglossary">will</span> be prepared. They then need to pick someone to prepare it.
 
If they can't agree, either party can apply to court for an order that an assessment be prepared. If you have to apply to court for such an order, make sure that you do your homework before going to court so that you can tell the judge what kind of assessment you want, who you think should prepare it, how much the cost will be, and when it can be completed. The order <span class="noglossary">will</span> usually specify who is being retained to prepare the assessment as well as how the assessment <span class="noglossary">will</span> be paid for.


Once the assessment is ordered or agreed upon, either party can get in touch with the person who <span class="noglossary">will</span> be performing the assessment. The assessor <span class="noglossary">will</span> tell you what happens next, when the interviewing process <span class="noglossary">will</span> begin, and when the completed assessment <span class="noglossary">will</span> likely be ready.
Once an assessment is ordered or agreed to, you should get in touch with the person who <span class="noglossary">will</span> be performing the assessment. The assessor <span class="noglossary">will</span> tell you what happens next, when the interviewing process <span class="noglossary">will</span> begin, and when the completed assessment <span class="noglossary">will</span> likely be ready.


You can find more information about needs of the child assessments in the chapter [[Children in Family Law Matters]].  
You can find more information about needs of the child assessments in the chapter [[Children in Family Law Matters]].  




{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}}
{{REVIEWED | reviewer = [[Megan Ellis | Megan Ellis, QC]], June 11, 2019}}


{{JP Boyd on Family Law Navbox|type=how}}
{{JP Boyd on Family Law Navbox|type=how}}

Revision as of 19:15, 30 July 2019

Needs of the child assessments[edit]

Under section 37(1) of the Family Law Act, when the court or the parties are making orders or agreements about guardianship, parenting arrangements, or contact with a child, the parties and the court must consider the best interests of the child only. Disagreements often arise around what's best when it comes to these decisions. In some cases, it can help to get the opinion of a neutral third party. Under section 211 of the act, the court can appoint a person, typically a psychologist, clinical counsellor, or social worker, to assess one or more of:

  • 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
  • the ability and willingness of a party to a family law dispute to satisfy the needs of a child.

The professional appointed to prepare the report will usually: interview the child's parents or guardians; interview the children, depending on their age and maturity; watch each parent or guardian interacting with and parenting the children; administer personality and parenting tests to the parents; read any reports that are available about the children's medical and mental health; and, interview a few people who know the family and the children. What the professional actually does will depend on the circumstances of the family and the sort of report they have been asked to write.

The report the professional will prepare is called a needs of the child assessment, and will provide a summary of what the professional has learned about the family, as well as the professional's opinion about what is in the best interests of the children. (You might also hear these reports called section 211 reports. Under the old Family Relations Act, these reports were called section 15 reports or custody and access reports.) These reports are intended to be neutral and prepared without bias. They are evaluative because the professional is providing their expert opinion about the parents or guardians, the children, and the arrangements that are best for the children.

Needs of the child assessments can be very helpful in resolving a dispute about the care of children. The court will usually give a great deal of weight to the assessor's opinion and recommendations.

Picking the assessor[edit]

Needs of the child assessments are routinely prepared by family justice counsellors, social workers, registered clinical counsellors, and psychologists.

Family justice counsellor reports[edit]

Family justice counsellors are public employees. Their reports are free as part of the Family Justice Report Service, but they are in very high demand and there is usually a long delay. The only way to be referred to the service is by court order. Once the Family Justice Report Service receives both a copy of the court order and the referral form from the court registry, the report will be placed on a list for assignment to a family justice counsellor.

Not all family justice counsellors are trained to prepare needs of the child asssessments, and the delay between requesting a report to getting it done might be up to a year. You can call the Family Justice Report Service at 604-851-7059 or find a Family Justice Centre near you to learn more about the service.

Private reports[edit]

As an alternative, you can pay for a report to be prepared by a social worker, clinical counsellor, or psychologist. These can generally be done much faster, but they come at a higher cost. The fees for reports prepared by psychologists typically range between $5,000 and $20,000, depending on the number of children involved, where the children and the parents or guardians live, and the amount of work that needs to be done.

To find a professional to prepare a needs of the child assessment, you can:

  • ask for a referral from a psychologist or counsellor you know,
  • get a recommendation from your lawyer,
  • read through some of these cases on CanLII which contain the names of professionals who have prepared these reports for court, or
  • contact the Canadian Register of Health Service Psychologists for a referral.

Arranging for the assessment[edit]

The parties can agree that a needs of the child assessment will be prepared. They then need to pick someone to prepare it.

If they can't agree, either party can apply to court for an order that an assessment be prepared. If you have to apply to court for such an order, make sure that you do your homework before going to court so that you can tell the judge what kind of assessment you want, who you think should prepare it, how much the cost will be, and when it can be completed. The order will usually specify who is being retained to prepare the assessment as well as how the assessment will be paid for.

Once an assessment is ordered or agreed to, you should get in touch with the person who will be performing the assessment. The assessor will tell you what happens next, when the interviewing process will begin, and when the completed assessment will likely be ready.

You can find more information about needs of the child assessments in the chapter Children in Family Law Matters.


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Megan Ellis, QC, June 11, 2019.


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