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 Court-Ordered
Assessment
When is a court-ordered assessment done?
When separating spouses or guardianship applicants have tried and
failed to reach agreement on the care of their children, they may
choose to proceed to court. In some instances, the judge may order
Family Conciliation (a branch
of Manitoba Family Services and Housing) to conduct an assessment
and write a report with recommendations on how the needs of the
children may best be met.
What is an assessment?
An assessment is a process in which a professional counsellor spends
time with you, the other adult, and the children in order to write
a report to help the judge make decisions that are good for your
family. The assessment helps determine the best possible plan for
the care of the children under the circumstances. The purpose of
the assessment is not to lay blame, nor to determine who is a “good”
parent. In most cases, both parents are good parents, who want what
is best for their children, but cannot agree on where the children
should live, how much time they should spend with each parent, and
how the continuing responsibilities of the parents should be shared.
In fact, the report can help your family by providing a professional,
objective opinion on the issues that you are trying to sort out.
Many families find they can use the report to reach an agreement
without returning to court.
How is the assessment done?
Family Conciliation counsellors are trained professionals who will
examine the concerns and plans of the parents, while focusing on
the needs and best interests of the children. The counsellor will
have a number of office interviews and home visits, observing the
children with both parents. The counsellor will also talk to other
people involved with the family, such as teachers, counsellors,
doctors, day care workers. You may be asked to sign an information
release form.
 What
to tell the children?
Children should be told in simple, direct terms that the judge
has been asked to decide on the best living arrangement for the
children and how they will share time with each parent. The counsellor
will be helping the judge by getting to know the children and their
parents and writing a report for the judge. It is very important
for parents to avoid blaming each other or telling the children
what to say to the counsellor. Children should be told that they
will not be asked to choose between their parents, although they
will be given an opportunity to express their feelings and opinions.
Children do not usually appear in court.
What happens when the assessment is complete?
A report is written and submitted to the court. Copies are given
to the lawyers. Your lawyer will go over the report with you. You
may still choose to resolve the matter by agreement, using the report
as a guideline. If the case goes to trial, the report may be submitted
to the court as one piece of evidence. While the report is an important
part of all the evidence that the court will consider in a trial,
it is not the “last word.” You may disagree with the report, and
the counsellor may be asked to appear in court to explain his/her
opinions. The final decision rests with the judge.
How can you best help the process?
- A questionnaire will be sent out to you. It is important that
it be filled out as fully as possible.
- Let Family Conciliation or your counsellor know if you change
your address or telephone number.
- Notify us if you reach a settlement.
- If you have any questions, call your counsellor.
For more information, contact:
Family Conciliation
2nd Floor - 379 Broadway
Winnipeg MB R3C 0T9
Phone: (204) 945-7236
Fax: (204) 948-2142
Toll-free: 1-800-282-8069
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