Section 211 Reports and Views of the Child Reports: What Parents Should Expect

When parents cannot agree on parenting arrangements, the court often wants an independent view of the children before deciding. In BC, one common route is a report under section 211 of the Family Law Act.

Being assessed can feel intimidating. Knowing what the report covers, who writes it and what happens to it afterwards helps you prepare properly.

What section 211 allows

Section 211(1) of the Family Law Act lets a court appoint a person to assess, for a proceeding about the care of and time with children, one or more of the following:

• the needs of a child in relation to a family law dispute;
• the views of a child in relation to a family law dispute;
• the ability and willingness of a party to satisfy the needs of a child.

These reports feed into the court's decision on the child's best interests. Section 37(2) of the Act lists the factors the court must consider, including the child's views unless it would be inappropriate to consider them. Hearing a child's views is not the same as letting the child decide; we explain that difference in At What Age Can a Child Choose Which Parent to Live With in BC?.

Two kinds of report

The Province's Family Justice Services Division says its specially trained family justice counsellors, called report writers, prepare court-ordered reports across BC in two categories:

• Views of the Child reports. The report writer interviews the children or youth and provides a summary of their thoughts and wishes to the parents and the court.
• Full reports. A more in-depth look at the family's situation, including an assessment of the parents' ability to meet the children's needs and best interests, as well as the children's views.

A views of the child report is narrower. It reports what the child says; it does not assess the parents. A full report goes further and is more involved.

Who can prepare a report

Under section 211(2), the person appointed must be a family justice counsellor, a social worker or another person approved by the court. Parents sometimes propose a privately retained professional, such as a psychologist, particularly for a full assessment.

The person must not have had any previous connection with the parties unless each party consents. That rule protects the report's independence, so a family therapist or counsellor who already knows the family will generally not be appointed unless everyone agrees.

How a report gets ordered

A report is ordered by the court in the family case, often at a parent's request and sometimes with both parents' agreement on who should prepare it and what it should cover. Section 211(3) says an application under the section may be made without notice to any other person.

Points to settle when a report is ordered:

• which type of report, and which questions it must answer;
• who will prepare it, and whether that person is available in a reasonable time;
• how the fees will be shared.

Preparing for the assessment

Report writers form their own views from what they hear and see. Some sensible ground rules:

• Focus on the children. Talk about their routines, schooling, health, activities and relationships, and what you do to meet their needs.
• Be candid. Acknowledge problems and what you are doing about them. Overstating the other parent's faults rarely helps.
• Do not coach the children. Let them speak for themselves. Pressuring a child about what to say can harm the child and may be noticed.
• Keep the case away from the children. Do not share court papers or discuss the dispute with them.
• Be organised. Have dates, contact details for schools and doctors, and any documents the report writer asks for ready.

What happens to the report

Section 211(4) says the person who does the assessment must prepare a report, give a copy to each party unless the court orders otherwise, and give a copy to the court.

The report is evidence. It is not a decision. The judge weighs it with everything else, including each parent's evidence, and decides what is in the child's best interests. If you disagree with a report, get advice promptly on how to respond within the rules of your court.

The court has other tools too. Section 202 lets the court admit reliable hearsay evidence of an absent child and give directions about how a child's evidence is received. Section 203 allows the court to appoint a lawyer for the child where conflict is so severe that it significantly impairs the parties' capacity to act in the child's best interests, and the appointment is necessary to protect those interests.

Who pays

Under section 211(5), the court may divide the fees for an assessment among the parties or require one party alone to pay them. The Province says there is no charge for family justice counsellors' services such as needs assessments and mediation; for a court-ordered report, confirm any cost with the Province's Family Justice Report Service. A privately retained professional will charge fees. Ask early what the cost will be for the type of report and the person proposed, so it can be addressed when the order is made. For the wider framework of parenting orders, see Guardianship, Parenting Time and Decision-Making.

Facing a section 211 assessment? Prepare before the first interview

Our family lawyers can advise on whether to seek a report and which kind, help set its terms when it is ordered, prepare you for the assessment, and respond to the report once it is delivered.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.