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
Parniak v Carter,  O.J. No.2787 (S.C.J.)
This case is useful as it specifically states that a clinical issue is not the only reason to order a child custody assessment:
There is no statutory requirement of a clinical issue, explicit or implicit, in s.30 CLRA... Although a clinical issue may be an excellent reason for a court to obtain the assistance of a professionally prepared assessment, it is not the only reason that an assessment might be ordered.The court gives an alternative reason why a child custody assessment may be ordered:
[....] Although assessments should not be ordered in every case, neither should they be limited to those cases where “clinical issues” are involved.
In addition to the pronouncements of an expert, assessment reports also provide, admittedly often in hearsay form, mountains of information about the family that simply is not found in the pleadings before the court. There is no question that this is factual material and that it forms evidence that is before the court. This, I suggest, is a major contribution to the evidence needed by the court to make a proper decision.Kramer v Kramer,  O.J. No. 1418 (S.C.J.)
In this case, the father brought a motion for a child custody assessment because he was continually being denied access. The mother stated that this was because of the children’s scheduled activities. Access suddenly ceased. The mother claimed that the children did not want to see their father. The father claimed that the mother was manipulating the children.
An assessment ordered because there were issues of the mother allegedly manipulating the children. As well, a child custody assessment was needed to determine the root cause of the children’s alienation from their father.