Child Custody Evaluations

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Child Custody Evaluation

Depending on your location, independent child custody evaluations are conducted by professionals. We are asked to conduct a fair and neutral evaluation for the purpose of assisting the courts. The term independent is applied when there has been no previous treatment in the family being assessed. The evaluators client is the court, not the child, not a parent, not both parents.

Independent child custody evaluations are not confidential and there is no privilege to protect private communications with children, parents and collateral informants. Information collected is discoverable by the parties’ attorneys. Should a custody hearing or trial take place, the evaluator usually testifies on direct examination as an expert witness and is subject to cross-examination.

Independent Evaluator - We Assist the Court

As in most places, child custody evaluations are used to aid the judge in making final custody determination in a divorce, annulment, action for separate maintenance or custody case involving unmarried parents. Our evaluator will prepare a written report for the court, parents and attorneys. The child could order an evaluation to asses if there has been psychological harm to the child.

Child evaluators are not the final decision-makers when determining child custody. The final arbiter will be the Judge, whether the parents submitted a parenting plan or the courts came up with own parenting plan.

Child's Best Interest

A judge will not make a custody decision within closed parameters. Expert testimony, such as the evaluator, lay witness testimony, and the parties testimony, along with evidence, are offered as evidence to assist the court in placing the child.

Independent child evaluators are left with the task with assessing the parents and evaluating the family for the purpose of determining the child’s best interest.

Evaluations Are Influential

Having assessed each party’s parenting capacity, and factors that could impact the child’s psychological best interests, the evaluator’s report may be given substantial weight by the court. When executed correctly, the evaluation can be a key component and quite influential. The report is not dispositive and does not settle the child placement issue – only the judge can do that.

Evaluation Process

The child custody evaluation process can take some time. We have to appreciate the complexities of an independent review, but without getting into the nitty-gritty of the process, we typically take the following steps:

• Determine the Scope of the Evaluation
• Obtain Participant Informed Consent
• Interview Parents
• Interview the Child
• Observe the Child with Parents
• Review Relevant Documents
• Collect Collateral Information
• Administer Testing and Questionnaires
• Prepare Written Report

Seeking Help

Here at Clayton Counselling we are here to help you with child evaluations, whether its for child custody or a request from a school, don’t hesitate to reach out to us and we will be pleased to be of assistance.

Crofton, Chemainus, Duncan, Ladysmith, Mill Bay, BC, British Columbia, counselling, relationships, anger, conflict, trauma, abuse, Dr., Doctor, addiction, dysfunction, stress, domestic, family, mediation, conflict, anxiety, depression, bereavement, child, conflicts, marriage, parenting