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What
is a child custody and access assessment and what’s involved? A child custody and access assessment is used by the Court
to help determine the best interests of the child. The assessment
addresses the needs and interest of the child and seeks to determine 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 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. Interviews may take
place in the parent’s home or the assessor’s office. After completion of the information gathering including
reviewing all written materials, interviews and observations, the assessor
prepares a detailed report that sets out recommendations for parenting
arrangements to meet the best interests of the child. The recommendations
generally specify a parenting plan that can include who has primary
responsibility for decisions affecting the child’s life, living/care
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 information is correct and
that the parents and lawyers understand the report and recommendations.
Some custody and access disputes are settled at this point. The assessor
may be instrumental to this end during the disclosure meeting. 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 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 the 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. 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 a 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 has been appointed 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.
Gary
Direnfeld, MSW, RSW
(905)
628-4847 Gary
Direnfeld
Buy
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20 Suter Crescent, Dundas, ON, Canada L9H 6R5 Tel: (905) 628-4847 Email: gary@yoursocialworker.com
Counselling and assessment services serving Hamilton, Dundas, Ancaster, Stoney Creek, Burlington, Brantford,
Oakville, Grimsby, Waterdown and other local areas.