The narrow issue in this case was whether a s. 211 report or a Hear the Child report should be prepared. The parents had shared equal parenting time until the father relocated from the Lower Mainland to Victoria. The 13-year old child had been objecting to travelling to Victoria. The father attributed that to the mother’s alienation, which was why he thought a s. 211 report was necessary. The judge reviewed case law about when s. 211 reports would be ordered, noting that the court must strike a balance between the usefulness of the information contained in s. 211 reports, and the countervailing interests of time and delay, intrusion into the child’s life, and cost. The judge rejected the father’s contention that the mother was alienating the child. She held that a s. 211 report was unnecessary because there was no evidence that her needs were not being met, and it would be disruptive to her. The judge granted an order that a Hear the Child report be prepared because, given the father’s suspicion that the child’s views were being influenced by the mother, it was important to obtain a neutral, objective recitation of the child’s wishes.
Listening to Children: New Divorce Act entrenches child’s right to be heard
On July 1, 2020, s.16(3)(e) of the Divorce Act (Canada) comes into force. This section requires the court to consider the “child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained; when making parenting decisions.”
Shared parenting during COVID-19
Social distancing and self-isolation have become everyday words as Canada tries to flatten the curve of the COVID-19 pandemic. And for many people that’s relatively easy to do provided they can work from home. But ex-spouses who share custody of their children may wonder how to continue to share parenting in a COVID-19 world.
Parenting Arrangement During the time of COVID-19
The Covid-19 Pandemic represents a novel and wrenching dilemma for parents who are trying to self-isolate and protect there child. At the same time they are expected to exercise a parenting arrangement that is by Order of Agreement requiring them to relinquish the child to the other parent.
Co-parenting during the Covid-19 pandemic
For many families, COVID-19 is adding significantly to the stresses of co-parenting. For many, many families it will make sense for plans to change. If you and your co-parent are navigating this challenging time effectively that’s great. You are to be commended for being able to pull together to meet your children’s needs. Keep doing what you are doing.
If you are currently experiencing conflict regarding transitioning your children or mitigating their exposure, here are some general recommendations.
The AFCC and the AAML, who have been leaders in developing resources and supports for families in conflict and the professionals who support them have put together some guidelines — click here to view.
We recommend following those guidelines unless you or your children are at an increased risk of exposure and fall into the groups directed to self-isolate by BC’s Provincial Health Officer. If in doubt, we recommend that you contact your family doctor or the COVID info line at 1-888-268-4319 (1-888-COVID19) open daily. You can find the COVID-19 assessment tool here – https://covid19.thrive.health/
Sonya Vellet
Registered Psychologist (Certificate Number BC: 2113)
Vellet & Associates Child Psychological Services Inc.
Victoria, BC
T: 778-879-6449
E: svellet2@gmail.com
W: velletandassociates.com
Fees: TBD
Dr. Vellet is a Registered Psychologist in private practice in Victoria and other communities on Vancouver Island and the Gulf Islands. She has specialized in children’s mental health and caregiver-infant/child attachment. Dr. Vellet provides a wide variety of evidence-based, trauma-informed, and culturally safe assessment and intervention services for caregivers and infants/children experiencing challenges in their attachment relationships, training and supervision to professionals, and is a court-appointed expert in these two areas in Alberta.
Dr. Vellet has worked on the traditional territories of the Huu-ay-aht First Nations (Port Alberni), Squamish Nation (Shéwaynewas Family Program), Ayas Men Men Child & Family Services, (North Vancouver), and Long Lake 58 First Nation (Long Lake, Ontario) and supported Indigenous families involved with the Calgary Urban Project Society, the BC Ministry of Children and Family Development, and Vancouver Aboriginal Child and Family Services Society.
Dr. Vellet collaborates with professionals from various systems to address the developmental and mental health needs of infants and children who have been placed in out-of-home care. Dr. Vellet also works as a Child Specialist to offer a team-based and attachment-informed Collaborative Process to support families in transition related to separation and divorce. Dr. Vellet is also a Roster Member of the BC Hear the Child Society.
Dr. Vellet’s previous academic appointments include as a Clinical Associate in the Department of Psychology and Simon Fraser University, as a sessional instructor in the Faculty of Education at the University of British Columbia, and in the Faculty of Education at Vancouver Island University. Dr. Vellet is also an organic gardener and potter.
Nicole Hemstad-Leete, MSW RSW
Founder
Be The Change Counselling and Consulting Services
E: bethechangebc@gmail.com
W: www.bethechangebc.com
Nikki was born and raised in Mackenzie BC, a small mill town in northern BC. In 2017, along with her husband, she moved to the Kootenays to experience life in the mountains hiking, horseback riding, fly fishing and kayaking.
Nikki received her education through the University of Northern BC. With 26 years of practice experience, she has worked extensively with families, children and youth. She began her career as the Coordinator of RCMP Victim Services and from there moved into Child Protection and Adoption Social Work with Ministry of Children and Family Development (MCFD). Nikki also has experience with Guardianship and Foster Caregiving through Carrier Sekani Family Services. With almost 10 years instructing social work at the post-secondary level, Nikki has imparted her knowledge and experience to hundreds of students, particularly about the importance of empowering others and encouraging children and youth to speak their truth.
Nikki holds a Bachelors and Masters Degree in Social Work as well as certification in Cognitive Behavioural Therapy, Critical Incident Stress Debriefing and SAFE/STEP-WISE interviewing. Nikki is a trained neutral child interviewer with HTC, and has been registered with the BC College of Social Workers, (since 2006) and frequently works with children and youth in her private clinical counselling practice.
P.J.D. v. W.K.W., 2019 BCSC 1188
The father of 12 year old twins sought an equal time-sharing arrangement. The mother gave evidence that the children said they wanted to spend less time with their father, because they were upset by his criticism of them and of the mother. As the father had not cooperated in having a Views of the Child report prepared, the judge held that there was no evidence to counter the mother’s testimony that the children wanted to spend less time with the father. The judge accepted the mother’s evidence of the children’s views and reduced the father’s parenting time.
The mother’s evidence was that the children had told her that they wanted to spend less time with the father. The father said that the children said it was more that they wanted to spend time with friends, not that they did not want to see him. The parties had consented to an order that a Views of the Child report be prepared, but it had not been done because the father disagreed with the mother paying for the report, subject to apportionment of costs at trial. Mr. Justice Skolrood declined to draw an adverse inference from the father’s interference with preparation of the Views of the Child report, but noted that the absence of such a report meant that the only evidence of the children’s views was the mother’s testimony. As there was no evidence to counter that of the mother about the children’s wishes, the judge accepted that both children had expressed a desire to spend less time with the father, and the result was a reduction of the father’s parenting time.
Read the full case (see specific discussion at paras 41-48 and 63-65).
Kimberly Anne Kelly
Lawyer and Family Law Mediator
Interior Law LLP
318 Main Street
Penticton, BC, V2A 5C3
T: 250-770-7877
F: 250-770-1001
E: kim@interiorlaw.ca
W: www.interiorlaw.ca
Fee: TBD
Kim has lived and practiced law in Penticton for over 13 years. Kim is an accredited Family Law Mediator, Parenting Coordinator and Family Law Arbitrator. While her background is in family law litigation, Kim’s current practice focuses on out of court settlements achieved through the collaborative process, mediation and negotiation. Kim understands the value of children’s voices when families are reorganizing and the importance of accurately reporting their views.
Lori Frank
Family Mediator
Lori Frank Mediation & Consulting
Greater Victoria
T: 250-516-4234
E: lori@lorifrankmediation.com
W: https://courtreportsbc.ca/
Fees: $800 for first child, $1,300 for two children, $400 each additional child
Lori has been working with families for over 25 years in various roles. She currently works in private practice as a Family Mediator assisting couples who are navigating separation and divorce. She also provides coaching around conflict resolution and co-parenting.
Lori has had the privilege of being invited to the table in family homes, community organizations, indigenous communities, schools and government offices. She brings with her a high level of empathy, understanding, problem solving and conflict resolution skills.
In her role as a non-evaluative interviewer of children, Lori begins by ensuring parents understand the process and have provided consent. She creates a comfortable and friendly environment, always adapted for the age of the child being interviewed. Lori believes it is important for children whose parents are separating or divorcing to have an opportunity to express their views and have their voice heard.
Lori works with children ages 6 to 18. She specializes in working with children who have a developmental disability.
Lori works in Greater Victoria and communities across Vancouver Island. Lori will choose an interview location that is convenient for you.