Custody and Access Evaluations
Section 15 Custody and Access Evaluations
These are specialized assessments designed to answer specific questions about the management of parenting responsibility following the separation and divorce of parents. In these evaluations, I assess parents and children and write a report about their psychological functioning and psychological needs. In British Columbia, these evaluations are known as Section 15 reports. This is because Expert Witnesses in child custody matters are defined in Section 15 of the Family Relations Act, [RSBC 1996] Chapter 128.
I accept referrals for Custody and Access Evaluations from lawyers or directly from the parties before the court. I prefer that the assessment be ordered by a BC Court. If there is no court order, I require that both parties provide their written consent to participate in the evaluation before I begin.
I require that a retainer be paid before I make the first appointments. I require that the remainder of the fees be paid before I start to write my report on the evaluation.
These are specialized assessments and I follow an assessment procedure known as a multi-trait / multi-method assessment. This involves using a variety of assessment techniques including reviewing background documents (e.g., court orders, affidavits, etc.), interviewing parents, interviewing children, in-home observations of children and parents, psychological testing, and collecting collateral information and other information relevant to the assessment process. Conclusions, opinions, and recommendations will be made based on information that is supported by more than one source.
A typical situation might involve two parents who have separated and who have two children. In general, the following procedures will be followed:
- All the relevant legal and historical information provided by the parents or their lawyers concerning the Custody and Access issues will be reviewed.
- Each parent will be interviewed individually to obtain personal history, information about the parent's relationship history, the parent's descriptions of their children, parent's plans for parenting the children, and any other information relevant to the situation.
- Each parent will complete appropriate psychological tests.
- The children will be observed with each of their parents to evaluate the relationship between the children and parents. Usually, these visits will be in each of the parent's homes.
- The children will be interviewed during the second part of the home visit. Children will be interviewed alone, at least briefly, and, if appropriate, together with their siblings. Very young children will not be interviewed but will be observed together with and apart from each parent.
- Collateral information will be obtained from a variety of sources. These sources may include: family physicians, the children’s teachers or day care providers, other professionals (e.g., therapists or counsellors) who have been involved, other relevant sources of information, and up to 5 personal references provided by each parent.
- Parents will be interviewed a second time after the procedures above have been completed. This interview will be shorter than the first one. The main focus will be on discussing issues the parent thinks important and asking for the parent's perspective on issues that have arisen during the evaluation.
If sexual abuse allegations are involved, additional information may need to be gathered from the RCMP, Ministry for Children and Family Development, physicians, or other relevant sources. This may extend the time needed to complete the evaluation and may increase the cost.
Generally speaking, completing an evaluation takes at least forty hours of my clinical time. I charge a fee for the evaluation which will be discussed when you contact my office. Please note that due to the length and complexity of these evaluations, they can take one to two months to complete. There may be a waiting period before I can start your evaluation.
Views of the Child Assessments
The evaluations described above are comprehensive Custody and Access Evaluations. In some cases, less comprehensive evaluations may be appropriate where a specific question or questions needs to be addressed. The most common assessment of this type would be a Views of the Child Assessment.
This type of evaluation would focus on how the children see the family situation. The child's needs and views are the focus of the evaluation. Of particular interest is the child's ability to understand what is happening in their family and their ability to express their own concerns in a developmentally appropriate manner.
In order to gather sufficient information to address the concerns raised by the judge, I will use the following procedure:
- Interview each parent briefly to obtain an overview of the family situation from each parent's perspective.
- Interview the child or children on two separate occasions; once when brought in by one parent and again when brought in by the other parent. Usually, all interviews will be conducted in my office.
Access-only Evaluation
In other cases, an Access-only Evaluation may be requested. This evaluation would be conducted to evaluate the best interests of a child or children regarding access to a parent; in some cases, the child may not have had access to this parent for a period of time.
The more limited evaluations described above (i.e., Views of the Child or Access-only Evaluations) may be requested in situations where they are not appropriate. The types of recommendations that can be made following these evaluations are limited. The BC College of Psychologists's Code of Conduct states that a psychologist can only make recommendations in cases when all relevant parties have been evaluated. Prior to accepting a referral in these cases, I will discuss the appropriateness of a limited evaluation for each family's situation with the referring party.
Parenting Capacity Assessments
Parenting Capacity Assessments include many of the elements of the assessments described above. However, they are usually limited to one parent. The ability of the parent to provide for the safety and security of their child or children is the central focus of these evaluations.
These assessments can be requested by The Ministry for Children and Family Development, another child welfare agency, or by a client's lawyer. There are usually specific questions that are asked at the outset of the evaluation and part of the process will be to collect information sufficient to answer those questions. Frequently, these assessments are ordered by the Court. In general, the following procedures will be used:
- All the relevant file information from the Ministry for Children and Family Development or other child welfare agency will be reviewed.
- The parent will be interviewed individually to obtain their view of the situation, their relationship history, their description of their children, their plans for parenting their children, and any other information relevant to the situation.
- The parent will complete appropriate psychological tests.
- The children will be observed with the parents to evaluate the relationship between the children and parents. The location of these visits will be determined for each case.
- The children (depending on their age) will be interviewed. Children will be interviewed alone and, if appropriate, together with their siblings.
- Collateral information will be obtained from a variety of sources. These sources may include: family physicians, the children’s teachers or day care providers, other professionals (e.g., therapists or counsellors) who have been involved, other relevant sources of information, and up to 5 personal references provided by each parent.
I hope this helps to clarify the process involved in Custody and Access Evaluations and Parenting Capacity Assessments. If you require further information or for information about the current waiting period, please contact my office by telephone (250 758 2331 or Toll-free 888 758 2331) or by submitting a contact form.
