SECTION 211 PARENTING ASSESSMENTS

Section 211 Parenting Assessments

(also known as Custody & Access Assessments)

STARTING AT: $25,000.00 + GST / Incidental Expenses / 25.00% Contingency Retainer

INITIAL RETAINER REQUIRED: $31,250.00 (FORMAL ESTIMATE TO BE PROVIDED)

ESTIMATED TIMELINE (FROM COMPLETION OF INTAKE PROCESS & DEPENDENT UPON PARTIES): 4-6 MONTHS

Section 211 Parenting Assessments pursuant to Section 211 of the British Columbia Family Law Act are conducted by a neutral party who provides a comprehensive written report following: interviews with the child(ren), their parents and/or guardians, the spouse(s) or partner(s) of the parents and/or guardians, any other adults that may reside in the home of either party or regularly interact with the child(ren), and a pre-determined and equal number of collateral or references for each parent and/or guardian (options of four collateral reference interviews per person, or six collateral reference interviews per person); home visits to observe the child(ren) interacting with their parent/guardian and other adults that may be present in their natural home environment; and, the review of information both parties and their legal counsel present for consideration in their case that directly pertain to parenting (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. The interviewer 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 Hear 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. 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. More generally, 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.

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

A preliminary timeline will be established for conducting interviews and provided to the parties and/or their legal counsel. Please note that firm submission/completion dates are never provided, as many factors can contribute to delays such as: the willingness and cooperation of the parties/legal counsel to participate in the report preparation process; the availability of parties and/or collateral(s) for interviews; the physical location of parties and/or collateral(s) for interviews where travel may be required; court proceedings that may hinder or cease report preparation activities; and, timely receipt of documentation and supporting information from parties throughout the report preparation process.

The process for a Section 211 Parenting Assessment is as follows:

1. Intake Phone Call with Parent/Guardian A (45 minutes)

(this can take place via Zoom or Phone if the parties are not located in Victoria)

2. Intake Phone Call with Parent/Guardian B (45 minutes)

(this can take place via Zoom or Phone if the parties are not located in Victoria)

3. Formal Interview with Parent/Guardian A (2 hours)

(this can take place via Zoom if the parties are not located in Victoria)

4. Formal Interview with Parent/Guardian B (2 hours)

(this can take place via Zoom if the parties are not located in Victoria)

5. Formal Interview with Partner/Spouse of Parent/Guardian A (2 hours)

(if applicable, and can take place via Zoom if the parties are not located in Victoria)

6. Formal Interview with Partner/Spouse of Parent/Guardian B (2 hours)

(if applicable, and can take place via Zoom if the parties are not located in Victoria)

7. Meet-and-Greet Session via Zoom at a neutral location (i.e. library, counsellor’s office) with Child A during Parent/Guardian A’s parenting time (15 minutes)

8. Meet-and-Greet Session via Zoom at a neutral location (i.e. library, counsellor’s office) with Child A during Parent/Guardian B’s parenting time (15 minutes)

9. Observation/Home Visit while Child(ren) are present during Parent/Guardian A’s parenting time (1 hour)

10. Initial Interview with Child A (during Home Visit) during Parent/Guardian A’s parenting time (2 hours)

11. Observation/Home Visit while Child(ren) are present during Parent/Guardian B’s parenting time (1 hour)

(this can take place via Zoom at a neutral location if cannot be completed during Home Visit or if the parties are not located in Victoria)

12. Review Session with Child A (during Home Visit) during Parent/Guardian B’s parenting time (2 hours)

(this can take place via Zoom at a neutral location if cannot be completed during Home Visit or if the parties are not located in Victoria)

13. Interview(s) with Adults Residing in the Home(s) or with Regular Access to Child(ren) (45 minutes each)

(these can take place via Zoom or Phone if the parties are not located in Victoria)

14. Collateral Interviews (45 minutes each)

(these can take place via Zoom or Phone if the parties are not located in Victoria)

15. Legal File & Disclosure Review

16. Additional Interviews/Consultation with External Professionals

(at the discretion of the report writer)

17. Submission, Transcription & Question Period

(submissions from the parties of supplemental information/evidence as noted above, any additional questions or clarification required during transcription, or the preparation of the body of the assessment)

18. Preparation of the Final Report & Submission to Parties & Legal Counsel & Court Filing

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

This reporting is typically ordered by courts and/or through the parents’ legal counsel. Section 211 Parenting Assessments are not mental health assessments. They follow an entirely neutral process that can not be swayed or influenced by either parent or their legal counsel.

If you have any further questions about Section 211 Parenting Assessments, please do not hesitate to contact Leanne using the contact form on this site. If this type of reporting would benefit your client’s case, or if you feel it would benefit your own case, please complete the intake form. Please note that prior to proceeding, both parties must complete the intake form. Section 211 Parenting Assessments must be consented to by all parents/legal guardians of the child(ren) involved, and in absence of consent or agreement, must be ordered through legal counsel and/or by an order of the court/consent agreement.