Parenting Plan Evaluations

Are you experiencing a separation and/or divorce and unsure or in disagreement about how major parenting decisions will be made and what living arrangements would be best for your child(ren)? Has there been a significant change in your circumstances that warrants new considerations of the existing parenting plan? Do you need the assistance of a third party to understand the family situation and make recommendations as to what is in the best interests of your child(ren)? 

Navigating separation and divorce is overwhelming at best and coming to agreement on a plan to support your child(ren) can be a significant part of this overwhelm. A parenting plan helps to inform your decisions and paves the way to agreement. 

My approach to parenting plans is settlement focused and is focused on the needs of the children(s).

In order to complete a parenting plan evaluation, I will interview the involved parties and the child(ren) privately and will observe the parties with the child(ren). I will conduct observation visits as part of the process whenever possible. I will gather information from a variety of sources that may include the school, medical and mental health professionals, child protection agencies and the police. In situations where one of the parties does not have contact with the child(ren), recommendations as to whether renewed contact is in the best interest of the child(ren) will be made along with a plan.

When I am finished gathering information, I will prepare for a disclosure meeting involving the parties and their lawyers. I will summarize the information gathered and make recommendations for a parenting plan. I will ensure that all involved understand the recommendations and endeavour to assist in the process of settlement.  

A Retainer Agreement is required from each party in order to begin an evaluation. The parenting plan evaluations require 55-65 hours to complete at a cost of $200.00 per hour plus HST. Travel will cost $65.00 per hour and $0.61 per kilometer. There may be additional costs related to obtaining third party information.

Voice of the Child Reports

A Voice of the Child Report (VOC) is a short report written by mental health professional or lawyer for the Court that summarizes a child’s statement about a particular issue in their decision-making responsibility and parenting time situation. The report is done for children over the age of seven.  

In a parenting responsibilities and parenting time dispute, Article 12, UN Convention on the Rights of the Child, states that:

1. Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

A VOC is one tool used to ensure that children’s views and preferences about his or her life and the issues in the parenting dispute are heard. The information is shared to assist the parties and the court in the decision-making process. For more information you can download this document from the Ontario Court Forums website: http://ontariocourtforms.on.ca/static/media/uploads/courtforms/ocl/voice-of-the-child-information-sheet-2020.pdf 

I will interview your child(ren) twice. Interviews will occur at a venue agreeable to the parties and the clinician. The clinician will ask that the child(ren) is brought to the interviews by each party, on separate occasions. My focus during the interviews will be on the views and preferences of the child and the report is intended to simply inform the judge about these views and preferences. I do not include an assessment of those views and preferences or my professional opinion. However, any indications of undue influence on or interference with a child’s views and preferences shall be identified in the VOC Report.  

It is important to consider that I do not interview the parties, observe visits between the child(ren) and the parents, gather collateral information or hold a disclosure meeting and provide and recommendations when completing a VOC. I will provide a report to the parties and their lawyers within 30 days of the second child interview. 

A Retainer Agreement is required. The cost of a VOC involving one child is $2000.00 (plus HST and any travel expenses occurred) and $500.00 (plus HST) for each additional child. If the VOC process cannot be fully completed for whatever reason, the VOC Report will still be provided together with an explanation as to why it is incomplete, and the cost will be adjusted accordingly.