Enter email to subscribe to Free Divorce Mini-Course
Divorce & Family Law MenuCanada Divorce Advice
Child Support Canada
Child Custody in Canada
Spousal Support (Alimony)
Family Law Procedure
Dating After Divorce
DNA Paternity Testing
Deciding on Divorce
Property Divorce Laws
Ontario Divorce Objectives
Legal Separation Canada
Child Custody and Access Assessments
Statutory AuthoritySection 30 of the Children’s Law Reform Act authorises the court to order a child custody and access assessment. It provides as follows:
Section 30 - Child Custody and Access - Assistance to Court
(1) The court before which an application is brought in respect of custody of or access to a child, by order, may appoint a person who has technical or professional skill to assess and report to the court on the needs of the child and the ability and willingness of the parties or any of them to satisfy the needs of the child.
(2) An order may be made under subsection (1) on or before the hearing of the application in respect of custody of or access to the child with or without a request by a party to the application.
(3) The court shall, if possible, appoint a person agreed upon by the parties, but if the parties do not agree the court shall choose and appoint the person.
(4) The court shall not appoint a person under subsection (1) unless the person has consented to make the assessment and to report to the court within the period of time specified by the court.
(5) In an order under subsection (1), the court may require the parties, the child and any other person who has been given notice of the proposed order, or any of them, to attend for assessment by the person appointed by the order.
(6) Where a person ordered under this section to attend for assessment refuses to attend or to undergo the assessment, the court may draw such inferences in respect of the ability and willingness of any person to satisfy the needs of the child as the court considers appropriate.