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Difference between revisions of "Children and Parenting after Separation"

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Children and Parenting after Separation (view source)

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Parallel parenting is not a term you will find in the ''Family Law Act'' or in the ''Divorce Act''. It too is a creation of the courts.
Parallel parenting is not a term you will find in the ''Family Law Act'' or in the ''Divorce Act''. It too is a creation of the courts.


==getting exspurt help==
==Reports and Assessments==
 
Parents, guardians and the court sometimes need help in deciding what is in the best interests of the children and need to get someone else's input, which might be from a psychologist, counsellor or social worker, or from the children themselves. The two most common was of doing this are through ''neeeds of the child assessments'', which used to be called "section fifteen reports" or "custody and access reports", or though ''views of the child reports''.


===Needs of the Child Assessments===
===Needs of the Child Assessments===


Section 15 of the Family Relations Act allows the court to order that an assessment be conducted of each party's parenting abilities and relationship with their children by a mental health professional. These are known as "section 15 reports" or "custody and access reports." These reports are particularly important where the dispute between the parties is especially fractious and unlikely to settle.
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 and arbitration.


The Supreme Court of British Columbia, in a 2001 case called Gupta v. Gupta, described s. 15 reports this way:
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 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>"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>
When a s. 15 report is required, the court will usually name a particular psychologist or psychiatrist to conduct the assessment. In the provincial court, the court will usually refer the parties to the family justice counsellor office.
 
When a needs of the child assessment is required, the court will usually name a family justice counsellor or a particular psychologist or psychiatrist to conduct the assessment. In the Provincial Court, the court will almost always refer the parties to a family justice counsellor.


Ordinarily, the assessor will meet each of the parents separately and meet them each again in the presence of the children. If the children are old enough, the assessor may speak to the children separately. The assessor may also speak to other people who know the parents and their children, such as friends, family and neighbours, the children's teachers, and any counsellors or therapists.
Ordinarily, the assessor will meet each of the parents separately and meet them each again in the presence of the children. If the children are old enough, the assessor may speak to the children separately. The assessor may also speak to other people who know the parents and their children, such as friends, family and neighbours, the children's teachers, and any counsellors or therapists.


Once the report is finished, which can take anywhere from two months to eight months, the assessor sends the report to both parties. These reports can be used in two ways: to encourage settlement; and, at trial, to persuade the court that one parent is to be preferred over the other. The person who prepared the report 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 s. 15 report 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 report 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.


A list of some of the psychologists and psychiatrists who prepare s. 15 reports is provided in the Resources & Links section.
===Views of the Child Reports===


===Views of the Child Reports===
A views of the child report, sometimes called a "hear the child report," is exactly what it sounds like. It's a report which describes the child's preferences about his or her parenting arrangements and living circumstances. These reports might address a child's preferences about the home he or she would like to live in, whether the child wishes to move out of town with a parent, or the schedule of the child's time with each parent. It might address the child's experiences of the conflict between his or her parents or guardians, or perhaps the child's experience with a parent's new partner.


A views of the child report, sometimes called a "hear the child report," is exactly what it sounds like: it is a report which describes the child's preferences about his or her parenting arrangements and living circumstances. These reports might address a child's preferences about the home he or she would like to live in, whether the child wishes to move out of town with a parent, or the schedule of the child's time with each parent. It might address the child's experiences of the conflict between his or her parents, or perhaps the child's experience with a parent's new partner.
These reports are ordered under ss. 37 and 202 of the ''Family Law Act''. Section 37(2)(b) is the part of the best interests of the child test that says that children's views should be heard; s. 202 allows the court to decide how a child's evidence will be received.


These reports are ordered under s. 15 of the Family Relations Act, just like custody and access reports are ordered. Section 15 is broadly worded and says that the court can order "a person" to prepare a report "in the manner the court directs." As a result, there are two types of views of the child report, one type prepared by experts, like psychologists and psychiatrists, and another type prepared by lay persons, like lawyers, family justice counsellors and therapists.
There are two types of views of the child report, one type prepared by experts, like psychologists and psychiatrists, and another type prepared by lay persons, people who are not experts, like lawyers and family justice counsellors.


Although views of the child reports can usually be finished much more quickly and more cheaply than s. 15 reports, they are no substitute for a proper custody and access report. Parents who want a views of the child report must understand that these reports do not provide the full reporting, testing and analysis offered by a custody and access report, particularly when the person preparing the views of the child report is not a psychologist or psychiatrist.
Although views of the child reports can usually be finished much more quickly and more cheaply than needs of the child assessments, they are no substitute for a proper needs of the child assessment. Parents who want a views of the child report must understand that these reports do not provide the full reporting, testing and analysis offered by a needs of the child assessment, particularly when the person preparing the views of the child report is not a psychologist or psychiatrist.


It is important to know that the court will not make a decision based only on what the views of the child report says. The child is not making the decision and will not be responsible for making the decision. It's important for the child to know this as well.
It is important to know that the court will not make a decision based only on what the views of the child report says. The child is not making the decision and will not be responsible for making the decision. It's important for the child to know this as well.


====Expert Views of the Child Reports====
====Expert Views of the Child Reports====
Expert views of the child reports usually wind up looking like condensed custody and access reports which focus on the child's reports to the asssessor and include an opinion as to whether the child's reported preferences represent the child's true preferences, whether the child was coached to report the preferences reported, and perhaps whether the child is being alienated from one parent by the other parent.


The assessor will usually meet with the child at least once, in fact probably more than once, and will administer a variety of tests intended to give the assessor more insight into the child's preferences and state of mind. The assessor may or may not collect additional information from the parents or the other people involved in the child's life.
Expert views of the child reports usually wind up looking like condensed needs of the child assessment that focus on the child's reports to the asssessor and include an opinion as to whether the child's reported preferences represent the child's true preferences, whether the child was coached to report the preferences reported, and perhaps whether the child is being alienated from one parent by the other parent.


Because these reports do not involve the same extensive interviews and testing involved in custody and access reports, they tend to be cheaper to prepare and they should be prepared faster than custody and access reports.
The assessor will usually meet with the child at least once, in fact probably more than once, and may administer a number of psychological tests intended to give the assessor more insight into the child's preferences and state of mind. The assessor may or may not collect additional information from the parents or the other people involved in the child's life.
 
Because these reports do not involve the same extensive interviews and testing involved in needs of the child assessments, they tend to be cheaper to prepare and they should be prepared faster than needs of the child assessments.


These sorts or reports are generally only appropriate when:
These sorts or reports are generally only appropriate when:


a full custody and access report isn't necessary;
#a full needs of the child assessment isn't necessary;
the child is more than six or seven years old; and,
#the child is more than four or five years old; and,
the judge wants to hear from the child but does not want to interview the child him- or herself.
#the judge wants to hear from the child but does not want to interview the child him- or herself.


====Lay Views of the Child Reports====
====Non-Evaluative Views of the Child Reports====


Views of the child reports prepared by lay persons like lawyers, family justice counsellors or therapists do not provide the same level of analysis or authority offered by expert views of the child reports. These people are not qualified to offer an opinion about the child's state of mind or the truthfulness of the child's statements. All they can really do is say what the child told them.
Views of the child reports prepared by lay persons like lawyers and family justice counsellors don't provide the same level of analysis or authority offered by expert views of the child reports. These people are not qualified to offer an opinion about the child's state of mind or the truthfulness of the child's statements. All they can really do is say what the child told them.


The assessor will generally meet with the child once and speak with each parent once. The assessor will generally know very little about the background of the case before meeting the child except for what the child's parents have explained.
The reporter will generally meet with the child once and speak with each parent once. The reporter will generally know very little about the background of the case before meeting the child except for what the child's parents or lawyers may have mentioned.


Because these reports involve no testing and no expert analysis they can usually be prepared very quickly and very cheaply. (I can, for example, usually get reports like these done within a week or two of being hired, although you shouldn't assume this is typical of all lay assessors.)
Because these reports involve no testing and no expert analysis they can usually be prepared very quickly and very cheaply. (I can, for example, usually get reports like these done within a week or two of being hired, although you shouldn't assume this is typical of all lay reporters.) These sorts of reports are generally only appropriate when:


These sorts of reports are generally only appropriate when:
#the parents understand that the views of the child are only one part of the whole picture;
#the parents understand that the report is not an expert report;
#a full needs of the child assessment isn't necessary;
#the child is more than six or seven years old; and,
#the judge wants to hear from the child but does not want to interview the child him- or herself.


the parents understand that the views of the child are only one part of the whole picture;
the parents understand that the report is not an expert report;
a full custody and access report isn't necessary;
the child is more than eight or nine years old; and,
the judge wants to hear from the child but does not want to interview the child him- or herself.
These reports will not be appropriate where the child is not capable of expressing his or her preferences or where there are allegations of parental alienation.
These reports will not be appropriate where the child is not capable of expressing his or her preferences or where there are allegations of parental alienation.


==Grandparents and Other Important People==
==Grandparents and Other Important People==
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