Custody and Access Assessments Under the CLRA in Ontario

When a parenting dispute is contested enough that a judge needs more than the parents' own affidavits to decide it, Ontario's Children's Law Reform Act (CLRA) allows the court to order what many people still call a custody and access assessment — a name that predates the 2021 change to "decision-making responsibility" and "parenting time," and one that today is more often called a parenting assessment or a Section 30 assessment. It's one of the more involved, and more consequential, tools a family court can use, and it's worth understanding before you're facing one.

This guide walks through what the process actually involves, who's involved in it, and what to expect once a report is filed.

What a Custody and Access Assessment Is

A custody and access assessment is a professional evaluation of a family's circumstances, ordered to help a court decide decision-making responsibility, parenting time, or related questions. Unlike a Voice of the Child Report, which mainly relays what a child says, a full assessment evaluates both parents — their capacity, their home environments, and how the child functions in relation to each — and typically ends with a specific written recommendation.

How an Assessment Gets Ordered

Assessments generally arise in one of two ways:

• By court order, where a judge decides the case genuinely needs an independent professional evaluation before it can be fairly resolved; or
• By agreement, where both parents (often on their lawyers' advice) agree that an assessment would help move the case toward settlement rather than trial.

Because an assessment adds real time and cost to a case, courts and lawyers generally reserve it for disputes where the conflict, the allegations involved, or the complexity of the family's situation genuinely call for that level of professional input — not every contested parenting case ends up with one.

Who Conducts the Assessment

Assessments are carried out by qualified professionals — commonly psychologists or social workers with relevant family law experience — who are retained specifically for the case, either by agreement between the parents or as directed in the court order. The order or agreement authorizing the assessment typically sets out who conducts it and what it needs to address.

What Happens During the Assessment

1. Initial intake. The assessor reviews the court materials and background documents to understand what's in dispute.
2. Separate interviews with each parent. Each parent meets individually with the assessor, often more than once.
3. Interviews and observation involving the child. Depending on the child's age, this can include direct conversation, observed interaction with each parent, or both.
4. Collateral contacts. With appropriate consent, the assessor may speak with other people involved in the child's life — teachers, doctors, or other professionals — to round out the picture.
5. Analysis and report writing. The assessor pulls the information together into a written report addressing the questions the order or agreement asked them to answer.
6. Filing with the court. The completed report is filed and generally shared with both parents' lawyers, becoming part of the evidence in the case.

What the Report Typically Covers

• [ ] Each parent's overall capacity to meet the child's needs
• [ ] The child's relationship with each parent, and with siblings if relevant
• [ ] Any concerns raised during the case, addressed directly
• [ ] A specific recommendation about decision-making responsibility and/or parenting time

How Much the Report Actually Decides

An assessment report is persuasive evidence, but it isn't the final word — the judge still weighs it alongside everything else in the case, including any disagreement either parent's lawyer raises about the assessor's methodology or conclusions. In practice, though, a thorough, well-reasoned assessment often carries substantial weight and can push a case toward settlement once both sides see the recommendation in writing.

Time and Cost, Realistically

Assessments are billed directly by the assessor, not by the court, and cost varies with the assessor's rates and the scope of work the case requires — it isn't a fixed or predictable figure, and readers should ask a prospective assessor for a specific quote rather than assume a number. Timelines vary just as much: a thorough assessment involving multiple family members and collateral contacts can take a multi-month wait from order to finished report, particularly if the assessor has a waitlist. Your lawyer can help you weigh whether the added time and expense make sense for your case.

Frequently asked questions