FLA Section 211 Expert Child Parenting Reports can be ordered in contested child parenting responsibility and child parenting time an guardianship cases. In today’s blog Lexpert ranked family associate Gurdeep Khosa gives a you a straightforward explanation on when section 211 parenting and guardianship reports may be ordered.
Section 211 Reports- The Five W’s: Everything You Need to Know Tel: 604 602 9000
The Five W’s- Who, What, Where, When & Why?
What is a Section 211 Report?
A Section 211 report, is a court-ordered assessment by a neutral professional (such as a psychologist, social worker, or family justice counsellor) that examines a child’s needs and views, and a parent’s ability to meet those needs, to help a judge decide on parenting arrangements. It is a comprehensive, in-depth evaluation used in complex or high-conflict custody and access disputes when parents cannot agree on what is best for the child.
Who Can Order It?
A Section 211 Report can be ordered by a Judge, or can proceed via consent amongst both parties in determining the best interests of the Child.
It is governed by Section 211 of the Family Law Act which states:
Orders respecting reports
211 (1)A court may appoint a person to assess, for the purposes of a proceeding under Part 4 [Care of and Time with Children], 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 a child.
(2)A person appointed under subsection (1)
(a)must be a family justice counsellor, a social worker or another person approved by the court, and
(b)unless each party consents, must not have had any previous connection with the parties.
(3)An application under this section may be made without notice to any other person.
(4)A person who carries out an assessment under this section must
(a)prepare a report respecting the results of the assessment,
(b)unless the court orders otherwise, give a copy of the report to each party, and
(c)give a copy of the report to the court.
(5)The court may allocate among the parties, or require one party alone to pay, the fees relating to an assessment under this section.
Where can it be ordered?
Section 211 reports fall under the framework of the B.C. court system and are primarily used in the B.C. Court system, largely in the B.C. Supreme Court and Provincial Court.
When is it Ordered?
Section 211 reports can be ordered at any time during the litigation process to determine what the best parenting regime may be. The evidentiary threshold is relatively low (C.K.G. v. C.D.G., 2015 BCSC 259 (Master); see also R.E.Q. v. G.J.K., 2015 BCSC 1786. The question is whether, based on the best interests of the child, the court needs expert evidence to make determinations related to the children, including guardianship and parenting time.
Why is it Ordered?
To help a judge decide on parenting arrangements. It is a comprehensive, in-depth evaluation used in complex or high-conflict custody and access disputes when parents cannot agree on what is best for the child. The Bc Supreme Court decision of C.L.M. v. M.J.S., 2017 BCSC 799 explains the purpose and purview purpose of s. 211 reports (at para. 211, citing Kwan v. Lai, 2016 BCSC 1626 at para. 46), including that:
There is no protocol or checklist that must be exactly followed in every case and the authors of Section 211 Reports are free to use their education, experience and expertise to conduct the assessments with an eye to assisting the courts in determining what is in the children’s best interests (L.C.T. v. R.K., 2015 BCSC 2378 at para. 419).
The costs of these reports is not insignificant often ranging from $10,000 to $30,000 in complex conflicted cases.
FLA Section 211 Expert Child Parenting Reports Tel: 604 602 9000
If you have questions concerning FLA Section 211 Expert Child Parenting Reports, contact our senior family lawyers who successfully deal with theses matters on a daily basis. We hope this article on Section 211 Reports- The Five W’s: Everything You Need to Know helped you.
