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What
is a child custody / access assessment and what's involved...
Process
Issues in the Context of a Child Custody and Access Assessments...
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Child
Custody
and Access Assessments
Assessments
are provided in those cases where parents are unable to resolve parenting
disputes between themselves. Assessors are duty bound to provide
recommendations to the Court, respecting the best interests of the
children. Such recommendations may or may not be consistent with the
positions of the parents. Recommendations may be used by parents to settle
matters outside of court at their discretion.
Parents
are expected to cooperate fully with the assessment process and must
provide consents for the disclosure and transmittal of information if
requested by the assessor. By necessity, information disclosed to the
assessor by either party or by third party reports can be shared between
the assessor and the parties, their lawyers and the Court at the
discretion of the assessor or as ordered by the Court.
General
Description of Process and costs:
-
The
assessor may be contacted by one or both lawyers to make a referral
for assessment service. Contact may be by telephone with one lawyer,
conference call with both lawyers or by written submission by letter
with content agreed upon by both lawyers. Parents should not phone
directly for custody and access assessments as this may be perceived
as leading to bias by the other parent and could actually undermine
the referral.
-
If
there are terms of reference for the assessment or directions of the
Court, these must be shared with the assessor at the time of referral.
The assessor reserves the right to accept or reject the referral and
is not bound by an Order of the Court appointing the assessor without
the assessor's prior expressed informed consent.
-
Based
upon a discussion of the request for service, a letter will be
provided if the referral has been accepted and detailing pertinent
conditions to commence. This letter must be shared between
the lawyers and parties subject to the assessment. Parties must agree
on the choice of the assessor and terms therein. In lieu of agreement,
there must be a Court Order appointing the assessor.
-
A
copy of the pleadings brief and Court Orders are required prior to
interviews with the parties. Disclosure and transmittal of all records
from any agency, physician, CAS, or hospital that has had involvement
with the family is required if requested by the assessor.
Both parents can be required to undertake a criminal reference
check and provide the police report to the assessor.
School records are required for school age children.
Written information from interested third parties should also
be provided at this point. Lawyers
can be asked to make provision for release, disclosure, transmittal
and costs of reports as set out above. Third party reports may
required in advance of setting appointments, at the discretion of the
assessor. Additional information can be requested and required by the
assessor at any point during the assessment process.
-
After
receipt of all pertinent information, appointments will then be set
with parents and children. Generally,
two meetings are held with each parent separately, and two interviews
with the children as brought by one parent and then the other parent.
Home visits can be required at the discretion of the assessor.
Subsequent and other interviews will be scheduled as required. In the
event a settlement can be reached during the process of the
assessment, this may be encouraged.
-
Following
collection of the reports and interviews, a comprehensive assessment
report is composed and includes a family history; review of data
collected; discussion based upon the data; and concludes with
recommendations.
-
Upon
completion of this report, a disclosure meeting is held with the
lawyers and parties to disclose the content and recommendations of the
assessment report. The assessor
can withhold the assessment report in the absence of a disclosure
meeting. This meeting may also provide an opportunity to settle
matters pertaining to custody and access.
-
On
average, 25 to 30 hours are required to complete custody / access
assessments. (Paper review, 3 - 5 hrs.; interviews, 10 -12 hrs.;
collateral contact, 2 - 3 hrs.; report preparation, 6 - 8 hrs.;
disclosure, 1-3 hrs.) The
cost of assessments is based on an hourly fee of $200.00 per hour +
GST from my Dundas office location and $250.00 + GST from the
Thornhill location.
-
A
retainer is required prior to commencing the assessment. In the event
the actual cost of the assessment is less than the retainer, then a
refund will be issued. If the cost is more than the retainer, then
more funds will be required prior to the completion of the assessment
process. The assessment report may not be released until the entire
cost of the assessment has been paid in full, at the discretion of the
assessor. The retainer is as follows:
-
$6,000
when provided from the home office in Dundas, ON
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$7,500.00
when provided from the Thornhill office
-
The
lawyers or parties must determine how the cost of the assessment will
be paid. This is not a matter for the assessor to determine. Cheque(s)
or cash must be provided and no action will be taken on the file until
funds are cleared.
-
Assuming
cooperation from the parties, assessments are generally completed
within 4 to 10 weeks after clearing of the retainer cheque and receipt
of all required reports.
Click
here for printable one-page PDF version
Updated February 18, 2008
Gary
Direnfeld, MSW, RSW
www.yoursocialworker.com
gary@yoursocialworker.com
(905)
628-4847
Gary
Direnfeld
is a child-behaviour expert, a social worker, and the author of Raising
Kids Without Raising Cane. Gary not only helps people get along or feel
better about themselves, but also enjoys an extensive career in public
speaking. He provides insight on issues ranging from child behaviour
management and development; to family life; to socially responsible
business development. Courts in Ontario, Canada consider Gary an expert on
matters pertaining to child development, custody and access,
family/marital therapy and social work.
Buy
the book:
For
information on Direnfeld's book, Raising Kids Without Raising Cane,
click here.
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