A Section 30 Assessment gets its name from Section 30 of the Children’s Law Reform Act, which grants the court the authority to appoint a person to assess and report on the needs of a child in applications brought for a parenting order or a contact order. These assessments are typically considered in complex matters or those involving clinical issues, such as mental health concerns. While courts often order parties to undergo a Section 30 Assessment, parties outside of court can also voluntarily commission an assessment.
According to Section 30(1) of the Children’s Law Reform Act, the individual conducting the report must possess the technical or professional skills necessary to assess and report on the child’s needs and the ability and willingness of the parties to satisfy those needs. This person is usually a mental health expert, such as a psychologist, psychiatrist, or social worker.
Parties have the autonomy to choose who conducts the assessment. However, if they cannot agree, the court will appoint an assessor. The person completing the assessment must consent to conduct the assessment and report to the court within the time period specified by the court. It’s important to note that while the court can order an assessment, it cannot force any assessor to provide the service.
Assessors must remain neutral when conducting their assessment. As part of their process, they will meet with the parties in a dispute and the child(ren) several times to gather relevant information. Assessors will also review records and materials from collaterals such as the child’s daycare or school, medical and dental providers, Children’s Aid Society, and any other organization the assessor deems relevant to the matter.
Section 30 Assessments can take several months to complete and are understandably costly, often running into thousands or even tens of thousands of dollars. They are not publicly funded, and the parties involved must bear the cost. However, if a party faces significant financial difficulty, they may seek relief from the court. Section 30(12) of the Children’s Law Reform Act grants the court the authority to relieve a party from responsibility for payment of any of the fees and expenses if the court is satisfied that payment would cause serious financial hardship.
Once an assessor completes and releases their report, if either party is unhappy with it, they may require the assessor to attend as a witness at trial for questioning. This provides an opportunity for the assessor to be cross-examined regarding their report. The judge at trial is not bound by the findings of the report and may make an order that differs from the recommendations of the Section 30 Assessment. Ultimately, the final decision belongs to the judge.
If you have any additional questions or concerns about Section 30 Assessments, please do not hesitate to contact us to book a consultation. Our team of compassionate lawyers at INB Family Law LLP is here to help you and provide sound legal advice throughout your Family Law matter.