Children’s Law Reform Act is the provincial legislation. Section 30 of the Act mandates an assessment that the assessor would report to the court. The Assessment identifies issues, problems, best interests of the child/ren. Then it makes recommendations regarding suggested parenting regime and decision-making. It is a section 30 assessment. However, sometimes, clinicians face challenges with uncooperative parties. This is where section 30(11) comes in handy for the other party and the judge.
Pursuant to section 30(11) of the Children’s Law Reform Act: “Upon motion, the court by order may give such directions with respect of the assessment as the court considers appropriate”(Children’s Law Reform Act, R.S.O. 1990, c. C. 12, s. 30(11)).
Desormeau J. in the case of Sears v. Coristine, 2021 ONSC 7576 at paras 14 and 20-24 made an order pursuant to s. 30(11) of the CLRA for the husband to sign the required authorizations related to the marriage counselling within 72 hours of the order, failing which the court granted the assessor authority to obtain such records directly.
Desormeau J. applied the Wigmore test and came to the conclusion that the interests of getting at the truth and disposing of the litigation outweighed the interests in protecting communication.
The judge relies on the case of Godwin v. Bryceland, 2008 ONCJ 495. There Jones J. heard a disclosure motion pursuant to Rule 19(11) of the Family Law Rules (non-party disclosure) regarding a production of documents by a community-based program serving women with substance-use problems. Jones J. clearly outlined the Wigmore test, which is applicable to the documents over which privilege is claimed.
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Completion of the section 30 assessment timeline request
What is A Section 30 Assessment: A Section 30 Assessment is an assessment that is ordered within family court proceedings when it is necessary to obtain a comprehensive analysis of the issues pertaining to parenting time and decision-making in the context of each parent’s circumstances (including medical history and involvement with the law enforcement). Another article will discuss in what circumstances it would be appropriate to request such an assessment because it is not applicable in all circumstances and courts would not order it unless the parties consent to it or unless a legal test is met (which will be discussed in a different article).
The Court can establish timelines for the completion of the section 30 assessment. It is within the scope of the “directions with respect of the assessment as the court considers appropriate.” For example, the wide scope of this provision is visible in the orders of Schnall Prov. J. in the case of Mersereau v. Hord (Mersereau v. Hord 1993 CarswellOnt 1626, [1993] W.D.F.L. 1529, 43 A.C.W.S. (3d) 93 at para 9 (where Schnall Prov. J. restricted to whom a copy of the report is provided) and of Morrissey, D.C.J. in the case of H. ((D.A.) v. M. (T.A.) (H. (D.A.) v. M. (T.A.)1985 CarswellOnt 1758, [1985] W.D.F.L. 703, [1985] W.D.F.L. 715, 30 A.C.W.S. (2d) 43 at para 15 where the motions judge outlined in details each step in how the assessment should be conducted).