Difference between revisions of "Children and Parenting after Separation"

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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, clinical counsellor, family justice counsellor or social worker, or from the children themselves.  
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, clinical counsellor, family justice counsellor or social worker, or from the children themselves.  


Mental heath professionals may prepare a ''needs of the child assessment'' that talks about the family, the children and the arrangements that are in the best interests of the children. These are sometimes also called custody and access reports, section 211 reports and views of the child reports. Under the old ''[http://canlii.ca/t/ldg3 Family Relations Act]'', these were called section 15 reports. These are ''evaluative'' reports because the professional who prepares them offers an opinion about the best interest of the children.  
Mental heath professionals may prepare a ''needs of the child assessment'' that talks about the family, the children, and the arrangements that are in the best interests of the children. These are sometimes also called custody and access reports, section 211 reports, and views of the child reports. Under the old ''[http://canlii.ca/t/ldg3 Family Relations Act]'', these were called section 15 reports. These are ''evaluative'' reports because the professional who prepares them offers an opinion about the best interest of the children.  


Mental health professionals and other people will special training in interviewing children, including lawyers, may prepare a ''views of the child report'' that talks about the views and wishes of the children, without offering an opinion about the arrangements that are in the best interests of the children. These reports are sometimes also called voice of the child reports. They are ''non-evaluative'' because the person who prepares them just reports on what the child has said, without offering an opinion of the child's views or best interests.
Mental health professionals and other people with special training in interviewing children, including lawyers, may prepare a ''views of the child report'' that talks about the views and wishes of the children, without offering an opinion about the arrangements that are in the best interests of the children. These reports are sometimes also called voice of the child reports. They are ''non-evaluative'' because the person who prepares them just reports on what the child has said, without offering an opinion on the child's views or best interests.


===Needs of the child assessments===
===Needs of the child assessments===
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The 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 in that case apply just as well to assessments under s. 211 of the ''Family Law Act'':
The 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 in that case apply just as well to assessments under s. 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."</tt></blockquote>
<blockquote><tt>"The purpose of a [court-ordered report] ... is to assist the Court in determining the issues before it, including the paramount 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 called ''[http://canlii.ca/t/g2nxw Smith v. Smith]'', 2014 BCSC 61 discusses why needs of the child assessments should be ordered.
A more recent case called ''[http://canlii.ca/t/g2nxw Smith v. Smith]'', 2014 BCSC 61 discusses why needs of the child assessments should be ordered.


For information on to how get a needs of the child assessment, see [[How Do I Get a Needs of the Child Assessment?]] It's located in the ''How Do I?'' part of this resource, in the section ''Other Litigation Issues''.
For information on to how get a needs of the child assessment, see [[How Do I Get a Needs of the Child Assessment?]]. It's located in the ''How Do I?'' part of this resource, in the section ''Other Litigation Issues''.


====Family justice counsellors====
====Family justice counsellors====
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====Psychologists and counsellors====
====Psychologists and counsellors====


Assessments are also prepared by privately retained mental health professionals. Assessments prepared by a psychologists usually includes psychological testing.
Assessments are also prepared by privately retained mental health professionals. Assessments prepared by a psychologist usually include psychological testing.


The cost of these assessments can range from $5,000 to $16,000, 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. They can usually be completed in three to six months.
The cost of these assessments can range from $5,000 to $16,000, 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. They can usually be completed in three to six months.
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The child's views can be presented to the court in a number of ways, including through the parties' evidence, letters the child might write to the court, interviews with the judge or a lawyer appointed to represent the child. There are plenty of advantages and disadvantages to each. Views of the child reports are a good alternative. Views of the child reports give children an opportunity to express their views to a neutral person who will listen to them and prepare a written report for their parents and the court.
The child's views can be presented to the court in a number of ways, including through the parties' evidence, letters the child might write to the court, interviews with the judge or a lawyer appointed to represent the child. There are plenty of advantages and disadvantages to each. Views of the child reports are a good alternative. Views of the child reports give children an opportunity to express their views to a neutral person who will listen to them and prepare a written report for their parents and the court.


These reports are prepared by trained, neutral professionals, usually a mental health professional, lawyer, mediator or someone else with special training. The professional will interview the child, sometimes more than once, and then write a report summarizing what the child has said, using the child's own words as much as possible. These reports are different than other reports because all they talk about is what the child has said, and they don't provide the professional's assessment of the child's best interests, or even an opinion about what the child has said. They simply repeat the child's statements to the professional.
These reports are prepared by trained, neutral professionals: usually a mental health professional, lawyer, mediator, or someone else with special training. The professional will interview the child, sometimes more than once, and then write a report summarizing what the child has said, using the child's own words as much as possible. These reports are different than other reports because all they talk about is what the child has said, and they don't provide the professional's assessment of the child's best interests, or even an opinion about what the child has said. They simply repeat the child's statements to the professional.


For information on to how get a views of the child report, see [[How Do I Get a Views of the Child Report?]] It's located in the ''How Do I?'' part of this resource, in the section ''Other Litigation Issues''.
For information on to how get a views of the child report, see [[How Do I Get a Views of the Child Report?]]. It's located in the ''How Do I?'' part of this resource, in the section ''Other Litigation Issues''.


====Family justice counsellors====
====Family justice counsellors====
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====Psychologists and counsellors====
====Psychologists and counsellors====


The reports of lawyers and mental health professionals can be prepared as quickly as the reporter's calendar allows, sometimes the same day but more typically within a week. The cost of these reports can range from $500 to $3,000, depending on the number of children involved and the reporter's hourly rate. The website of the BC Hear the Child Society lists the society's roster of trained lawyers and mental health professionals and where they practice.
The reports of lawyers and mental health professionals can be prepared as quickly as the reporter's calendar allows, sometimes the same day, but more typically within a week. The cost of these reports can range from $500 to $3,000, depending on the number of children involved and the reporter's hourly rate. The website of the BC Hear the Child Society lists the society's roster of trained lawyers and mental health professionals and where they practice.


==Children's caregivers and extended family==
==Children's caregivers and extended family==

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