Section 211, Family Law Act of British Columbia (BC) may seem complex, but reports under this provision are important in cases involving divorce, guardianship, and parenting time. They can help bring the child's perspective into the courtroom in a structured way.
In this guide, we'll take a look at the basics of Section 211 of the Family Law Act in BC. If you need further clarification, consult a family lawyer.
What is Section 211 of the Family Law Act in British Columbia?
Section 211 is a provision of BC's Family Law Act that allows the court to appoint a person to assess the child and the parents before deciding on certain parenting issues. These include:
- guardianship: who shall have direct responsibility over a child, who is usually the parent or any other person appointed by the court
- parenting arrangement: the agreement or court order, specifying how the parents will share parental responsibilities and/or parenting time
- contact with the child: the time where a person, other than the child's guardian, can spend time with the child
This assessment focuses on the child's needs and views, rather than either parent's position. It gives the court independent information when parents cannot agree on arrangements for their children.
Section 211 allows the court to appoint trained professionals to assess a child during separation. The goal is to support decisions that reflect the child's best interests. Also called custody and access reports, Section 211 reports are written by a professional after the assessment.
To help you cope up with parenting arrangements after separation, watch this video:
Looking for lawyers to help you with your guardianship and parenting arrangements? Check out this directory of the best family lawyers in Canada as ranked by Lexpert.
How do the assessments under BC's Section 211, Family Law Act work?
Section 211 of the Family Law Act (FLA) states that a court may appoint a person to assess three main areas:
- the needs of a child
- the views of a child
- the ability and willingness of a parent to satisfy the child's needs
This means that the Section 211 report after its assessment is meant to help the judge understand what life looks like for the child and how each parent is meeting those needs.
Below is the usual process of assessments under Section 211:
- The court orders or a party applies to conduct a Section 211 assessment
- An assessor is appointed and conducts the Section 211 assessment
- The assessor prepares the Section 211 report and submits it to the court and the parties involved
- The court gives the appropriate order based on the Section 211 report
We will further discuss these matters below.
Court order or applications for a Section 211 assessment
Assessments under Section 211, Family Law Act start with a court order. Here, the judge decides that more information is needed about the child. The order issued by the judge names or describes the person who will do the assessment and sets out what the report should cover.
However, a parent or a guardian can also apply for a Section 211 assessment. Section 211 allows the application to be made without notice to other parties in the case.
Role of parents in a Section 211 assessment
Parents play an important role before and during assessment. If an assessment has been ordered by the court, they should be ready to provide:
- information about the child
- contact details of family members and other parties involved
- copies of court documents, such as existing orders, when necessary
- an initial plan on how to share the cost and arrangement in raising the child
- other information needed by the assessor to complete the assessment and the report
Who conducts the Section 211 assessment
Section 211 of the Family Law Act gives two standards on who can conduct the assessment:
- must be a family justice counsellor, a social worker, or someone approved by the court
- must have no previous connection with any of the parties, unless the parties consented
This helps keep the assessment neutral and ensures the report is fair. Assessors can also be another qualified professional, such as a psychologist or clinical counsellor, as long as they're approved by the court.
Section 211 also sets out the general tasks of an assessor:
- prepare a report on the results of the assessment
- provide a copy of the report to each party, unless ordered by the court not to do so
- give a copy of the report to the court
Conducting the assessment
Once appointed, the assessor must carry out the assessment by gathering a wide range of information to help them prepare the required written report. They will usually interview:
- the parents and the child
- the family members of either or both sides
- other people (e.g., teachers or counsellors)
At the start of the process, the assessor usually asks each party to sign several documents. These can include:
- a consent for service
- an intake form
- a questionnaire
- if needed, a consent to release information, so that the assessor can speak with schools, doctors, or counsellors
The paperwork allows the assessor to gather a complete picture of the child's situation. Psychologists and social workers sometimes use psychometric tests as part of the assessment process.
Learn more about the role of family justice counsellors with this video:
For more information about how Section 211 assessment is conducted, reach out to the best family lawyers in British Columbia as ranked by Lexpert.
The Section 211 reports
There are three possible reports under Section 211 of the Family Law Act that an assessor can write after the assessment:
Full Section 211 reports
Full Section 211 reports are comprehensive and cover the child's needs and views, as well as the parents, home environment, and parenting style. The counsellor or the writer of a full report will usually recommend a parenting plan, based on their observations on the family and the interviews conducted. Completing a full report can take months to a year, given the number of people interviewed.
Views of the Child reports
Views of the Child reports are shorter and provide information about the child's opinion regarding the dispute. For instance, it tells the court which parent the child would want to live with if a parenting arrangement is made. These reports can also include assessments or recommendations from the assessor (e.g., if there are signs of parental influence over the child's words).
Hear the Child reports
Hear the Child reports are also brief, reproducing almost verbatim what the child said in interviews, without assessment or recommendations. Their goal is to directly present the child's perspective to the court. The writer does not assess the child, parents, or family.
Period to complete the assessment
The length and style of the assessment depend on the type of report ordered. Also, there is no fixed timeline in the FLA for how long a Section 211 assessment must take.
A full report can take several months, as the assessor may need to interview multiple people and review court materials. Involving a psychologist can extend the process due to additional interviews and testing.
How can family lawyers assist clients with FLA's Section 211?
Family legal matters are complex and often involve strong emotions and conflicts. Consulting a family lawyer knowledgeable about local can help families resolve these issues.
As for Section 211 of BC's FLA, here are the matters you can bring up with your family lawyer:
- understanding Section 211: family lawyers can guide you through the assessment and explain the different reports under Section 211
- applying for a Section 211 assessment: after weighing the pros and cons, family lawyers can advise and assist you in applying for a Section 211 assessment
- contesting the Section 211 report: if a report is unfavourable, a family lawyer can advise on options to contest or appeal in court
Section 211, Family Law Act: Giving the child's a voice in court
Section 211, Family Law Act reports are central to many high‑conflict parenting disputes in BC. They help judges understand a child's needs, views, and daily life, especially when the parents cannot agree on arrangements. Anyone facing a Section 211 report should consider seeking advice from a family lawyer.
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