Section 211 Assessments
Your Family Matters
Assessments assist in decision making pertaining to children and their best interests when it comes to separation or divorce.
What is a Section 211 Assessment?
When a family is going through a separation or divorce, it can be difficult to agree on parenting time and issues impacting the children. An assessment involves a report or reports under Section 211 of the Family Law Act which is intended to assist in decision making pertaining to the children and their best interests. The reports are written by a neutral professional and provides judges with information about the children and the parties.
Section 211(1) of the Family Law Act reads:
211(1) A court may appoint a person to assess one or more of the following:
(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;
(c) The ability and willingness of a party to a family law dispute to satisfy the needs of the child.
How do I prepare?
If you are involved in a family law matter and an assessment has been ordered, be prepared to provide the assessor with the following information:
The consent of all parties
The contact information of family members and all involved parties
Provide court documents, i.e., orders
The number of children involved
Whether a trial has been scheduled and if so, when
Date that the report is required by
Indicate whether the MCFD or RCMP have been involved with your family
Provide cost-sharing arrangements
At the onset, you will be required to complete and sign the following:
Consent for service
Intake form
Questionnaire (Full section 211 only)
Consent to release information
The reports will differ in terms of length, whether recommendations are made, and the evaluative nature of the content. Despite their differences, parental consent by both parents must be given, unless otherwise ordered by a judge. An evaluator will not complete an assessment without consent. Not only do both parents need to consent to the completion of the report, but they must also agree on which assessor to work with. If you are working with lawyers, they will provide a letter to the assessor which provides basic information about your case.
What does it cost?
The cost of each of the three reports varies. A Hear the Child Report will be the least costly and a full Section 211 report will be considerably more. Costs are based on the number of family members involved, the amount of documentation and/or court involvement, and the number of meetings or visits needed.
Please contact our office to get a more accurate estimate.
Hear the Child Report
A Hear the Child Report is a non-evaluative report which expresses children’s views in separation and divorce cases. The Interviewer does not assess the child, his or her best interests, or the parents. The interviewer’s job is to relay the child’s views to adult decision-makers. It is often a verbatim account of the children’s views. It is used to help the courts and parents to determine a child’s best interests by considering the child’s views.
Hear the Child Reports are supported by Sections 37, 202 and 224(1)(b) of the BC Family Law Act. Section 37 of the Act directs that, in making decisions about parenting arrangements or contact with a child, a decision-maker must consider only the best interests of the child. This section states that a child’s views must be considered unless inappropriate to do so.
Alliance founder Ms. Low is a roster member of the BC Hear the Child Society, which is a non-profit organization that aims to give every child the opportunity to share their views and have them heard when their best interests are decided in the family justice system. The roster members have been approved by the society and consist of trained, neutral professionals who listen to children and provide written reports of their views to decision-makers and others involved in family law cases in which the child’s best interests are being determined.
Views of the Child Report
A Views of the Child report assists the court by indicating the views of the child or children. The assessor will meet with each parent but will not assess the parents. The purpose of the parental interviews is to gather background information.
The assessor will meet with the children alone and ask them relevant questions. Two interviews per child usually take place. The report writer will summarize their discussions with the children which generally include their concerns, likes and dislikes, and their views on parenting time. The assessor will indicate whether it appears that a child has been coached by either parent as to what to say to the interviewer as well as the demeanour of the child and the child’s capacity.
The report writer will not make recommendations about parenting time or guardianship. The purpose is to provide the court with the child’s views.
Section 211: Custody & Access Report
A full Section 211 is extensive and often lengthy. It includes information about the child’s needs as well as the child’s opinions. The report includes information about the parents, their homes, parenting style, and coparenting relationship. The assessor will meet with both parents and any stepparents. They will interview the children and speak to any professional or personal references who can comment on the parent–child relationship and family dynamics. A home visit will occur at both homes and the parent–child interaction will be observed.
The report writer will assess the parenting abilities of both parents by observing the interaction with your children, interviewing the children, and interviewing each parent. Anything you say may be included in the report, which will be given to the other party and the judge.
The assessor describes the facts that are provided and offers an opinion about these facts. The report concludes with recommendations made by the assessor, which will be taken into consideration by the judge. The judge is the ultimate decision maker.
The assessor may make recommendations about the following:
Parenting time
Guardianship
Where the children will go to school
What activities the children may participate in
Decision making
Relocation
Counselling or reunification therapy
Work with Lisa for your report needs
Lisa Low
Clinical Director, M.ed, RCC
20+ Years experience, specializing in family assessments and Section 211 Reports
Registered Clinical Counsellor (RCC) with the BC Clinical Counsellor Association (BCACC)
Member of the Association of Family and Conciliation Courts
Roster member of the BC Hear the Child Society *
* The BC Hear the Child Society is a non-profit organization that aims to give every child the opportunity to share their views and have them heard when their best interests are decided in the family justice system. Roster members are approved by the society and consist of trained, neutral professionals who listen to children and provide written reports of their views to decision-makers and others involved in family law cases in which the child’s best interests are being determined.