What Is a Section 30 Assessment in Ontario Custody Cases?

Being told to take part in a custody assessment can feel like a verdict on your parenting. It is better understood as a tool: the court wants more information about the child and the family than the parents' own documents can give.

This article explains what a section 30 assessment is, how it connects to the court's decision, and how to prepare. Details such as cost and format depend on your case, so confirm them with a lawyer. Note that the law now speaks of decision-making responsibility and parenting time rather than custody and access.

What a section 30 assessment is

Under Children's Law Reform Act s. 30, the court may appoint a qualified professional to assess the child's needs and each party's ability to meet them.

Some cases also involve the Office of the Children's Lawyer, an independent law office within the Ministry of the Attorney General. That is a different step from a section 30 assessment, so ask your lawyer which one applies to you.

What the assessor focuses on

The assessment looks at the child's needs and at how well each party can meet them. This lines up with the factors a court weighs. The court's primary consideration is the child's physical, emotional and psychological safety, security and well-being.

The best-interests factors include the child's needs given age and stage of development, the child's relationships, the history of care, care plans, and ability to communicate and cooperate. The list is not exhaustive, so a court may consider other factors while always giving priority to the child's safety.

• Willingness to support the child's relationship with the other parent is a listed factor.
• The word alienation does not appear in the statutes, but concerns of that kind are looked at through that factor.
• The child's views and preferences are taken into account to the extent the child can express them.
• Family violence, including a pattern of coercive and controlling behaviour, is a factor the court considers.

Refusing to take part, and who pays

If a party refuses to attend, the court may draw inferences. In practical terms, refusing can work against you, so raise any real concerns with your lawyer or the court rather than simply not showing up.

Who pays and how costs are split depends on the court's order and the facts of your case, and can be confirmed with a lawyer. Ask about this before the assessment begins, and check what your order says.

How to prepare

• Read the order carefully so you know who the assessor is and what is expected of you.
• Focus on the child: their routines, school, health, relationships and needs.
• Be honest and calm, and speak about the other parent fairly. Support for the child's relationship with the other parent matters.
• Bring any records that show the history of care, such as school and medical information.
• Do not coach your child on what to say. The court considers the child's views with due weight to age and maturity.
• Keep to the schedule and follow existing orders in the meantime.

What to do next

Speak to a family lawyer about the order, the timing and the cost. The court generally does not consider a person's past conduct unless it is relevant to their parenting time, decision-making responsibility or contact. A lawyer can help you decide what is relevant to raise and what to leave out.

Parties must also protect the child from conflict arising from the case as far as they are able. Keeping your child out of the dispute during the assessment is part of that.

Frequently asked questions