Settlement-Focused Parenting Plan ( Custody / Access) Assessments
Divorce and separation is rarely an easy process, especially when children are involved. Sometimes parents do not agree on what living arrangements will be best for the children following the separation. A Parenting Plan Assessment helps determine the best interests of the children. The assessment addresses the needs and interests of the children, and seeks to determine what parenting arrangement can best meet those needs. Parenting Plan Assessments primarily deal with the child’s time spent with each parent, and the parental decision-making arrangements. A Parenting Plan can also address such topics as the child’s participation in sports or extracurricular activities, their choice of school, or any other important aspects of the child’s life that are in dispute.
An Expert in Parenting Plan Assessments, Mr. Butt has been recognized by the Courts in Ontario as a thorough, unbiased, and professional Assessor.
The majority of Assessments are completed during a legal proceeding in which the parents/caregivers are before the Court and in dispute over the children. Such proceedings are routinely stressful and adversarial, and often are as focused upon the shortcomings of either parent as they are on the best interests of the children. For many, the end game is to win and obtain a ruling from the Court that favours one parent over the other.
In contrast, it is crucial for parents and their lawyers to understand that Mr. Butt’s approach to Parenting Plan Assessments is to be settlement focused. As such, a condition of retaining Mr. Butt is an agreement by all involved that Mr. Butt will not attend Court to give evidence at trial, will not author an extensive Parenting Plan Assessment Report, and will not allow the Parenting Plan to be filed with the Court. Mr. Butt will complete a thorough assessment as outlined below, and will provide a detailed Parenting Plan that is focused upon the needs and best interests of the children. Mr. Butt will also meet with the parents and lawyers to review the Parenting Plan, provide explanations for his recommendations, and respond to questions.
Mr. Butt’s approach is, therefore, focused upon the children, and focused upon helping the parents resolve their disagreement so that they can move on with a family arrangement that best meets their children’s needs. In addition to being settlement-focused, Mr. Butt’s approach is also very cost effective. There is no cost associated with the writing of a lengthy and detailed report. Since the parties accept that Mr. Butt will not be cross-examined as part of a trial, his approach also saves the parties the costs associated with preparing for, and then completing, the cross-examination of Mr. Butt at trial. As such, the settlement-focus can help reduce the costs of a trial, as it allows for the focus to be upon any remaining issues in dispute.
In contrast, it is crucial for parents and their lawyers to understand that Mr. Butt’s approach to Parenting Plan Assessments is to be settlement focused. As such, a condition of retaining Mr. Butt is an agreement by all involved that Mr. Butt will not attend Court to give evidence at trial, will not author an extensive Parenting Plan Assessment Report, and will not allow the Parenting Plan to be filed with the Court. Mr. Butt will complete a thorough assessment as outlined below, and will provide a detailed Parenting Plan that is focused upon the needs and best interests of the children. Mr. Butt will also meet with the parents and lawyers to review the Parenting Plan, provide explanations for his recommendations, and respond to questions.
Mr. Butt’s approach is, therefore, focused upon the children, and focused upon helping the parents resolve their disagreement so that they can move on with a family arrangement that best meets their children’s needs. In addition to being settlement-focused, Mr. Butt’s approach is also very cost effective. There is no cost associated with the writing of a lengthy and detailed report. Since the parties accept that Mr. Butt will not be cross-examined as part of a trial, his approach also saves the parties the costs associated with preparing for, and then completing, the cross-examination of Mr. Butt at trial. As such, the settlement-focus can help reduce the costs of a trial, as it allows for the focus to be upon any remaining issues in dispute.
The parties must agree on who shall be the independent Assessor. 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 their, and their child’s, needs.
At the heart of every Parenting Plan Assessment is the information gathering. Information is obtained from a variety of sources that often includes the following: a review of Court records pertaining to the current action; criminal reference checks on parents and new partners; interviews with teachers and a review of Report Cards; interviews with doctors and/or a review of medical reports; interviews with mental health or addiction specialists and/or a review of their records; and a review of reports as provided by the police and Children's Aid Society.
In addition to the gathering of information from professionals involved with the family, the Assessor will interview the parents and the children privately as often as required. Where a parent has a new partner/spouse, the new partner will likely be included in the interview process. At times, family friends and extended family members can be included if deemed to be appropriate by the Assessor. Interviews may take place in the parent's home or the Assessor's office.
Finally, the Assessor will in most circumstances arrange to observe your child or children in interaction with you in your home setting. Such observation sessions will typically also include other individuals who reside in the home. While the observation process can feel awkward and “unnatural”, it can provide important information as to the home context, and the nature of the relationships between the child and those who also reside in the home. In situations where a parent is having visits with the child in a supervised access centre, then arrangements are usually made for such observation sessions to take place at the access centre. In situations where a parent has not had any contact or visits with the child for an extended period of time, then the assessment may not entail an observation session. It will, however, address whether contact or visits should be re-established and, if so, under what terms or conditions.
At the heart of every Parenting Plan Assessment is the information gathering. Information is obtained from a variety of sources that often includes the following: a review of Court records pertaining to the current action; criminal reference checks on parents and new partners; interviews with teachers and a review of Report Cards; interviews with doctors and/or a review of medical reports; interviews with mental health or addiction specialists and/or a review of their records; and a review of reports as provided by the police and Children's Aid Society.
In addition to the gathering of information from professionals involved with the family, the Assessor will interview the parents and the children privately as often as required. Where a parent has a new partner/spouse, the new partner will likely be included in the interview process. At times, family friends and extended family members can be included if deemed to be appropriate by the Assessor. Interviews may take place in the parent's home or the Assessor's office.
Finally, the Assessor will in most circumstances arrange to observe your child or children in interaction with you in your home setting. Such observation sessions will typically also include other individuals who reside in the home. While the observation process can feel awkward and “unnatural”, it can provide important information as to the home context, and the nature of the relationships between the child and those who also reside in the home. In situations where a parent is having visits with the child in a supervised access centre, then arrangements are usually made for such observation sessions to take place at the access centre. In situations where a parent has not had any contact or visits with the child for an extended period of time, then the assessment may not entail an observation session. It will, however, address whether contact or visits should be re-established and, if so, under what terms or conditions.
After completion of the information gathering, the Assessor spends a significant amount of time preparing a detailed report that summarizes all of the information gathered. That information is then considered in context of the relevant legislation, and recommendations for parenting arrangements are created that serve the best interests of the child. The recommendations generally specify a parenting plan that address how parenting decisions should be made, the parenting time and living/care arrangements, and recommendations about school, sports, or recreational activities. It may also include recommendations for parents and/or the child to obtain assisted related to parenting abilities, mental health, and/or the need for addiction treatment.
Usually the assessment process ends with a Disclosure Meeting where the Assessor meets with the parents to review the report and recommendations. This meeting always includes the parents' lawyers, if applicable. The purpose of the meeting is to make sure that the information relied upon in the assessment is correct, that nothing of significance has been missed, and that the parents and lawyers understand the recommendations, and the reasons for them. Some disputes can be settled at this point, and the Assessor can help facilitate settlement discussions at the conclusion of the Disclosure Meeting.
As noted above, Mr. Butt’s format is to provide all of the essential elements of a Parenting Plan Assessment, but not write a detailed report for submission to each parent and the Court. At the conclusion of the thorough assessment process, Mr. Butt will ensure that the parents/caregivers understand the recommendations, and do his best to help them settle their dispute in a way that best serves the needs and interests of the children.
Usually the assessment process ends with a Disclosure Meeting where the Assessor meets with the parents to review the report and recommendations. This meeting always includes the parents' lawyers, if applicable. The purpose of the meeting is to make sure that the information relied upon in the assessment is correct, that nothing of significance has been missed, and that the parents and lawyers understand the recommendations, and the reasons for them. Some disputes can be settled at this point, and the Assessor can help facilitate settlement discussions at the conclusion of the Disclosure Meeting.
As noted above, Mr. Butt’s format is to provide all of the essential elements of a Parenting Plan Assessment, but not write a detailed report for submission to each parent and the Court. At the conclusion of the thorough assessment process, Mr. Butt will ensure that the parents/caregivers understand the recommendations, and do his best to help them settle their dispute in a way that best serves the needs and interests of the children.
Parents can ask to view the resume of the Assessor. They can ask about the process the Assessor will use, and what sources of information might be included. They can determine in advance what special training the Assessor might have to deal with particular concerns. If the child has developmental issues, if there 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., then the parents/caregivers 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 questions about the how the assessment is being carried out. If, at any point, a concern arises about the Assessor, their qualifications, or the assessment process itself, this should be addressed with the Assessor directly. A good Assessor will welcome your questions, and should be able to explain the rationale for their actions.
Once underway, and at every step throughout the assessment process, parents have the right to ask the Assessor questions about the how the assessment is being carried out. If, at any point, a concern arises about the Assessor, their qualifications, or the assessment process itself, this should be addressed with the Assessor directly. 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 provide detailed information as best they can. Parents involved in parenting plan disputes are often under a great deal of stress, and the assessment process can feel like it’s lasting a lifetime. As such, it is often helpful to have supports, such as counselling, in place. Choosing your Assessor carefully, and identifying any concerns up front with the Assessor, will also help increase a parent's comfort level. Doing so will ultimately ensure that you receive recommendations that truly are in the best interest of the child.
Voice of the Child Reports
Voice of the Child (VOC) Reports, also known as Views of the Child Reports, are being increasingly used as a means of obtaining the child’s perspective in disputes between parents and/or guardians. The VOC reports are intended to communicate the child’s views, perspectives, and wishes in situations where the parents are separating/divorcing and there is disagreement on such issues as where a child lives, when a child should see each parent/guardian and for how long, what school the child goes to, what sports or recreational activities the child in involved in, etc.
A VOC Report is useful in litigation/Family Court proceedings, or dispute resolution proceedings, such as mediation or collaborative law discussions. The reports are non-evaluative, and only report on the child’s statements, without offering a conclusion or opinion by the author who has prepared the report. They are not full Parenting Plan Assessments of the parties, the children, and/or the family circumstances. However, they do provide information about the child’s views and preferences, and can assist with reaching agreements on such things as parenting time and parental decision-making.
The purpose for getting a VOC Report is to allow a child to speak openly to a qualified and neutral professional, and let the child’s voice be heard and taken into consideration.
- Child interviews are conducted in private with Mr. Butt, a qualified, neutral professional who has extensive experience interviewing children, and has been repeatedly recognized by the Courts in Ontario as an Expert Witness in Family Court proceedings.
- VOC Reports are not in any way equivalent to a Parenting Plan Assessment, previously known as Child Custody and Access Assessment, or Child Custody Evaluation.
- VOC Reports do not contain as much detail as a comprehensive Parenting Plan Assessments.
- VOC Reports are, however, faster, cost effective, and focused solely on presenting the child’s views and preferences.
- The child must consent to the contents of the final VOC Report, and understand that it is being shared with the parents/guardians.
- A VOC Report contains only the input of the child. Parents/guardians/third parties are not interviewed as part of the VOC process, and no collateral records or reports are reviewed or considered.
- A minimum of two (2) interviews shall be completed with each child, with the child typically being brought to the interview by each parent/guardian.
- Mr. Butt will not offer an opinion, draw conclusions, or provide recommendations based upon the contents of the VOC Report.
- However, any indications of undue influence or interference with a child’s views and preferences shall be identified in the VOC Report.
- If the VOC process cannot be fully completed for whatever reason, a report will still be submitted, together with an explanation as to why it is incomplete.
- A VOC Report shall be requested pursuant to a Court Order, or agreed to upon written request by both parents/guardians and/or their lawyers.
- The Court Order or written request shall specify the specific areas of inquiry that need to be addressed in the VOC Report.
- The VOC Report shall be paid for in full before the process begins, with the cost of the VOC Report being shared equally by the parties unless otherwise agreed to by them.
- The VOC Report for one (1) child will cost $1,500.00 (plus HST), with a surcharge of $500.00 (plus HST) for each additional child.
- Fees for Disbursements and any required attendance at Court are further identified in the VOC Retainer Agreement.
- The VOC Report shall be completed within 30 days. If circumstances arise that prevent the VOC Report from being completed, notification with explanation shall be provided.
- Upon completion of the VOC Report, it will be provided directly to the lawyers/self-represented individuals.
- Upon completion of the VOC Report, there shall be no follow-up interviews with the child unless otherwise agreed to in writing by both parents/guardians and Mr. Butt.