SECTION 211 PARENTING ASSESSMENTS
(also known as Custody & Access Assessments)

Section 211 Parenting Assessments pursuant to Section 211 of the British Columbia Family Law Act are conducted by a trained neutral child interviewer who provides a comprehensive written report following:

1. Interviews with the child(ren), their parents and/or guardians, any new spouse(s) or partner(s) of the parents and/or guardians, any other adults that may act in a parenting capacity or reside in the home of either party or regularly interact with the child(ren).
2. Interviews with four (4) collateral references per parent/guardian (these can be friends, neighbours, relatives outside of immediate family, and others who directly and consistently observe the parent/guardian in their capacity as a parent).
3. Interviews with professionals that may interact with the child(ren) or parents and/or guardians (i.e. teachers, guidance counsellors, personal counsellors, psychologists, physicians, etc…).
4. Home visits to observe the child(ren) interacting with their parent/guardian and other adults that may be present in their natural home environment.
5. The review of information both parties and their legal counsel present for consideration in their case that directly pertain to parenting (i.e. text message communications, e-mails, letters, online or social media information, supporting evidence such as affidavits, agreements, judgments, orders, etc…), in addition to any Ministry of Children and Family Development (MCFD) disclosures and/or Royal Canadian Mounted Police (RCMP) and/or municipal/tribal police disclosures. Please note that video or audio recordings cannot be reviewed, as it is not possible to reliably confirm their authenticity.

The interviewer/report author does not actively research, solicit, or point out information that has not been provided by either party or their counsel unless directed to it (i.e. a party mentioning a social media post that is publicly available). The final report contains a Views of the Child Report for each child involved, and recommendations pertaining to how parenting of the child(ren) should proceed from a primary residency, logistical, and fundamental perspective, and what is in the best interest(s) of the child(ren). The assessment component goes in to further detail with respect to a parent or guardian’s ability to adapt and learn, as well as their capacity as a parent, and provides an interpretation and opinion with respect to parenting arrangements. The final report also provides a high level Adverse Childhood Experience (ACE) screening and score for each adult interviewed, as well as a high level Family Violence Risk/Impact Assessment screening.

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.

Please note that there is currently no universally-accepted, clinically-validated assessment tool exclusively for parental alienation/parent-child attachment disruption/parent-child contact problems that is broadly recognized in the way that many clinical diagnoses (i.e. depression, anxiety, or ADHD) are. However, through interviewing, observation, and collateral data, the possibility of these dynamics existing often become quite apparent in any final reporting. This reporting is typically ordered by courts and/or through the parents’ legal counsel. A Section 211 Parenting Assessment is not a mental health assessment. It is an entirely neutral process that can not be swayed or influenced by either parent or their legal counsel.

Prior to commencing the process to prepare a Section 211 Parenting Assessment, the parties must approve a formal estimate and both complete the intake form, sign a Professional Services Agreement and Non-Disclosure Agreement, and provide the required deposit or their respective portion(s) of the deposit. Sample agreements the parties would be expected to sign are available on the Resources page of this site. Please note that payment of a deposit in-full is required prior to service commencing, and any balances owing upon completion must be remitted prior to deliverables being provided.

PROCESS

STEP ONE

Upon completion of the intake process (intake form, signed agreements, and deposit paid), each parent/guardian will be contacted by e-mail and provided with the date and time that has been scheduled for their Parent Intake Phone Call. This is typically provided up to two (2) weeks in advance and based on the availability each parent/guardian provided in their intake form. If one parent/guardian declines to participate or does not make themselves available, in order to ensure equal participation and fairness, neither parent will have an Intake Phone Call. Appointments are assigned in close proximity to one another to ensure consistency and clarity and avoid long gaps of time where further issues may arise, so that any reporting is captured “point in time”. It is also to facilitate scheduling and timely completion of future steps in the process. It is imperative that parents/guardians/children make the necessary arrangements to their schedules, treating these appointments like a medical appointment or professional obligation, which may necessitate taking time from work or school to attend.

STEP TWO

Intake Phone Calls with Parents/Guardians (up to 45 minutes)

(there is no preparation required for these phone calls, though both parents/guardians should expect to have the meet-and-greet sessions and interview dates that take place during their parenting time, if applicable, scheduled at that time)

STEP THREE

IMMEDIATELY FOLLOWING PARENT INTAKE PHONE CALLS (OPEN FOR 2 WEEKS)

Document Disclosure Submission Period Begins

(if they have not done so already, parties and their legal counsel confer to jointly determine what, if any, documents will be reviewed by the interviewer/report author – these can include pleadings, affidavits, and applications/orders from the legal file itself, evidence such as photos, text messages, e-mails, or other correspondence between the parties, and as a general practice should always include any disclosures pertaining to involvement from MCFD, RCMP or municipal/tribal police)

STEP FOUR

IMMEDIATELY FOLLOWING CLOSURE OF THE DOCUMENT DISCLOSURE SUBMISSION PERIOD

Formal Interviews with Parents/Guardians (up to 2 hours)

(there is no preparation required for these, and they will take place virtually – virtual meeting room links will be provided to you in advance)

STEP FIVE

CONCURRENT WITH STEP FOUR

Formal Interviews with New Partners/Spouses of Parents/Guardians – IF APPLICABLE (up to 2 hours)

(there is no preparation required for these, and they will take place virtually – virtual meeting room links will be provided to you in advance)

STEP SIX

2-3 DAYS FOLLOWING PARENT/GUARDIAN/PARTNER/SPOUSE INTERVIEWS

Virtual Meet-and-Greet Session with Child(ren) during Parent/Guardian A’s parenting time (up to 15 minutes)

STEP SEVEN

CONCURRENT WITH STEP SIX

Virtual Meet-and-Greet Session with Child(ren) during Parent/Guardian B’s parenting time (up to 15 minutes)

STEP EIGHT

1-2 DAYS FOLLOWING THE MEET-AND-GREET SESSIONS

Observation/Home Visit while Child(ren) are present during Parent/Guardian A’s parenting time (up to 2 hours)

(there is no preparation required for these – parents/guardians and other adults present are encouraged to simply visit with the interviewer/report author and go about their usual routine – this could be after-school homework time, dinner, games/family time, etc… – please do not make any special arrangements or do anything out of the ordinary – in order to ensure neutrality, the interviewer/report author is unable to accept offers of meals, transportation, or the like, as it may lead to a perception of bias)

STEP NINE

1-2 DAYS FOLLOWING THE MEET-AND-GREET SESSIONS

Observation/Home Visit while Child(ren) are present during Parent/Guardian B’s parenting time (up to 2 hours)

STEP TEN

1-2 DAYS FOLLOWING THE OBSERVATIONS/HOME VISITS

Initial Interview with Child(ren) in-person at Interviewer/Report Author’s offices during Parent/Guardian A’s parenting time (up to 2 hours)

(this can take place virtually from a neutral location such as a private room at a library, a counsellor’s office, or similar if the parties are not located in Victoria or are unable to travel to Victoria on the date that has been provided to them)

STEP ELEVEN

1 WEEK FOLLOWING THE INITIAL INTERVIEW

Draft Review Session with Child(ren) in-person at Interviewer/Report Author’s offices during Parent/Guardian B’s parenting time (up to 1 hour)

(this can also take place virtually from a neutral location such as a private room at a library, a counsellor’s office, or similar if the parties are not located in Victoria or are unable to travel to Victoria on the date that has been provided to them)

STEP TWELVE

CONCURRENT WITH STEPS TEN & ELEVEN

Formal Interviews with Collateral References of Parents/Guardians, Adults Residing in the Home(s) or with Regular Access to Child(ren), and Professionals – IF APPLICABLE (45 minutes each)

(there is no preparation required for these, and they will take place by phone or virtually – virtual meeting room links will be provided to you in advance)

STEP THIRTEEN

IMMEDIATELY FOLLOWING COMPLETION OF THE PRIMARY INTERVIEWS & DRAFT REVIEW SESSION

Additional Interviews/Consultation with External Professionals

(at the discretion of the interviewer/report author)

STEP FOURTEEN

5-6 WEEKS FOLLOWING COMPLETION OF THE PRIMARY INTERVIEWS, DRAFT REVIEW SESSION & ANY ADDITIONAL INTERVIEWS REQUIRED

Preparation of the Assessments, Evaluation Components, Final Report & Submission to Parties & Legal Counsel & Court Filing

For multiple children, the process is similar, and sessions can take place back-to-back for efficiency purposes.