ParentsTalk: Experts' Advice: Child Custody and Access Disputes

By Gary Direnfeld

Many parents, unable to resolve child custody and access matters turn to the Courts to resolve their dispute and the Courts often rely on an assessment to inform their decision. A good assessment report can facilitate a prompt resolution while a poor report can cause further turmoil and dispute.

Parents who undertake an assessment as part of a solution to resolve these matters are advised to clearly understand what is involved and participate in all matters with the selection of the assessor and determination of the assessment process.

The following is provided to help parents with this:

A child custody and access assessment is used by the Court to help determine the best interests of the child. In figuring out the best interest of the child, the assessment addresses the needs and interest of the child and seeks to assess what parenting arrangement can best meet those needs.

The parties may agree on an independent assessor or the Court may refer the matter to the Office of the Children's Lawyer for an assessment under their auspices. In choosing an independent assessor, the parties have the opportunity to review the professional background of respective assessors and choose one whose experience and credentials are most relevant to address issues of concern. In going through the Office of The Children's Lawyer, while some matching process may inform the decision of how the appointed assessor is chosen by a supervisor, the parties have no input as to the assessor chosen.

At the heart of every child custody and access assessment is information gathering. Information is obtained from a variety of sources and often includes a review of court records pertaining to the current action, criminal reference checks on parents and at times new partners, school reports, previous assessments, medical reports and Children's Aid Society reports.

In addition to the gathering of reports, the assessor will interview the parents and the children in various combinations as required. Where a parent has a new partner, spouse or girl/boy-friend, they will likely be included in the interview process. At times other family friends, employers, colleagues, teachers, professionals and extended family members can be included if deemed necessary by the assessor. The content of interviews and process of interviews may differ as a result of issues to be addressed and the age of the child.

The more information the assessor is able to gather, the more reliable the assessment is generally felt to be.

After completion of the information gathering which includes reviewing all written materials, interviews and observations, the assessor prepares a report that details the sources of information, family history, issues at hand, needs of the child and sets out recommendations for parenting arrangements to meet the best interests of the child. The recommendations generally set out a parenting plan that can include who has primary responsibility for decisions affecting the child's life, living arrangements and school arrangements and may also include recommendations for parents and/or child to address gaps or concerns related to parenting abilities.

Usually the assessment process ends with a disclosure meeting whereby the assessor meets with the parents to review the report and recommendations. This meeting may also include the parents' lawyers. The purpose of the meeting is to make sure that certain information is correct and that the parents and lawyers understand the report and recommendations. It is not uncommon that if the report demonstrates sufficient depth and clarity that the parents may come to a custody and access agreement as a result. The assessor may be instrumental to this end during the disclosure meeting.

Parents involved in child custody and access disputes are often under the most duress they have ever experienced.

A rigorous assessment based upon a broad base of information, where an assessor with a good understanding of the issues informs the process and report, can be invaluable to resolving these disputes. However, a superficial assessment where the assessor does not possess a good knowledge base at it pertains to some of the issues can cause only further conflict resulting in a more difficult trial. Seeking redress after the assessment is completed is a little like closing the barn door after the horse has left. As such parents are advised to prepare well in advance whether they have participated in choosing the assessor or whether the assessor is appointed through the Office of the Children's Lawyer.

Parents should ask to view the CV or resume of the assessor. They should ask about the process the assessor will use and what sources of information they will include. They should determine in advance what special training they might have had to deal with particular concerns. If the child has developmental issues, if there are concerns related to violence between family members, if there are concerns of physical, emotional or sexual abuse, if there are concerns related to alcohol or substance abuse or criminal behaviour, etc., the parent should find out if the assessor is trained or qualified to address such issues. Once underway and at every step throughout the assessment process, parents have the right to ask the assessor why, what and how they are choosing to do as they do. If at any point along the way a concern arises about the assessor, their qualifications or the assessment process, this should be addressed with the assessor and if necessary, the parent should bring their concern to their lawyer's attention to determine a course of action. A good assessor will welcome your questions and should be able to explain the rationale for their actions.

Throughout the assessment, parents are advised to be honest and open. A well-qualified assessor will likely determine when a parent is not open and honest and this can further compound any concern the assessor may have about the parent.

Parents involved in child custody and access disputes are often under the most duress they have ever experienced. Living through the custody and access assessment process can feel like a lifetime. Choosing your assessor wisely or identifying any concerns up front with an assessor who is appointed beyond your control can help increase a parent's comfort that the end will result in a set of recommendations that truly are in the best interest of their child.

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