S.211 Report under the BC Family Law Act- When, How and Who to do it.

Our experienced child custody or parenting time lawyers often deal with disputes relating to children when parents are going through a separation. These disputes can be very heated and hard to resolve because each parent tends to care deeply about his/her children and may have a difficult time changing his/her opinion about the best parenting arrangements for the children.

Sometimes parents will need the help of a professional to determine the best parenting time or custody arrangement for their children. This is where s.211 reports come in.

What Are s.211 Reports?

Section 211 reports also known as Custody and Access reports are reports written by a professional such as a psychologist, counsellor or social worker with respect to your children. These professionals examine family dynamics, the children and the parents’ relationships with the children and recommend what they think are the best parenting arrangements for your children. S.211 of the BC Family Law Act authorizes these reports hence why they are called s.211 reports.

Here is a summary video of the blog below. For a good understanding of s.211 reports, watch both the video and read the blog.

Why Get a s.211 Report?

Well, I hope you never have to because they are expensive (as explained below) and ask a professional stranger to judge your relationship, say what is wrong/right with you and then recommend a parenting plan or determine whether you will have the ability to make decisions for your child. Sounds ironic because parents should be the ones doing that; by communicating constructively and compromising. Not spending thousands of dollars on a fight that will only set them farther apart.

But in some situations, there are different points of view, hurt feelings, marital or child abuse or simply the inability to make joint decisions or co-parent. Those situations could benefit from a s.211 report. Disputes over custody of a child are very common in family law and so are s.211 reports.

Why get a s.211 report? section s.211 reports are usually written by professionals who are trained in the custody or psychology field and can provide an objective view or opinion that tries to resolve custody disputes. The professionals who write these reports are usually the ‘eyes and ears’ of the judge. They often meet individually with both parents, interview children and talk to other people to find out what the disputes are and what they should recommend to resolve them. Their reports are reviewed by the judge and assist the judge in implementing the best interests of a child. Sometimes after the report comes out, parents settle their custody disputes with the guidance of the report or can challenge the report further with the Court.

As expensive as these reports can be, sometimes they actually save you money because, with their assistance, you could settle your family dispute instead of spending 1-4 weeks in trial fighting over custody and spending a lot more. Whether you should get these reports is a fact-specific question, so I can’t recommend or not recommend them for your situation without knowing the specifics.

You are encouraged to seek the assistance of a Vancouver family lawyer to help you determine the best way to go about your custody dispute and whether you should get a s.211 report. Call our award-winning firm at 604-974-9529 or get in touch to set up a consultation and learn your strategy. 

When to Get a s.211 Report in BC?

You can get s.211 reports at any time during litigation or even after your family law trial is over. As long as you have a family law court case, you can apply for an Order for these reports. Most s.211 reports are ordered at the beginning or middle of the family law case and can take several months to prepare. Once prepared and finalized, they are given to the parents and the Court.

The s.211 report in most cases happens when a psychologist visits with the child, the child’s parents and any other witnesses to assess the best parenting situation for the child. The psychologist will often review affidavits, court pleadings and other evidence of the parents. The rule (which is often not followed) is that the reports should be filed with the Courts at least 84 days prior to trial. This is to provide some time for a parent to challenge, investigate or dispute the report. Remember these reports only provide recommendations or guidance. They are not court orders. Judges have the task of choosing whether the s.211 report should be followed or not. Often, they follow the report unless you can successfully and strongly challenge them as explained below.

What Kinds of S.211 Reports Are There in BC?

Generally, there are three types of s.211 reports:

Views of the Child Report in BC

This report is usually for children over the age of 12. A psychologist or a counsellor sits down with the child and asks him/her questions about his/her life, parents and what his/her wishes are with respect to a parenting arrangement. The psychologist then makes a report based on those meetings and provides the report to the judge. In cases of alienation, a Views of the Child report is not always recommended and a full s.211 report may be more appropriate. However, even in these reports, the reporter can opine on whether the child had been trained to say what he/she said or whether his/her wishes were genuine and not based on parental influence.

These reports usually cost between $800 and $2000 and can be done quickly (a few weeks or less).

Hear the Child Report in BC

Hear the Child reports can be done by some lawyers, counsellors, psychologists, etc. These reports are a lighter, more superficial version of the Views of the Child Report. Mostly recommended for teenagers, these reports merely relay what the child says to the judge. They do not analyze what the child said and do not give an opinion. They are more like a way to communicate with a judge. The reporter simply sits down with the child and takes notes about what the child has to say. The reporter then writes to the judge and parents and relays the child’s message. Judges do not always feel comfortable meeting with children individually so sometimes they prefer the Hear the Child Report for older children.

These reports usually cost between $500 and $1000 dollars.

Full s.211 Report in BC

Full s.211 reports are the most comprehensive and common reports under s.211 of the Family Law Act. The psychologist or counsellor spends weeks to months interviewing parents, children, people close to each parent, other professionals and spends time with families to better get to know them and recommend a parenting plan in the best interests of the child. These are the most common s.211 reports as most custody disputes revolve around children who are younger and cannot voice their own views. Therefore the parents have more power over the parenting situation and with that, comes more parental disputes.

Many parents get worried about these reports because they do not want their children interviewed or ‘interrogated’ by a stranger. However, these professionals are often trained in making children feel comfortable and at ease, and provide an environment that is friendly, casual and light. They are also highly trained in detecting who is lying/telling the truth and can see through any games played by a parent.

Full s.211 reports can take months or even more than a year depending on who you choose to do them. They cost between $8000 to $20,000 if you hire a private psychologist or they can be free if your income is low and you want to have a family justice counsellor through the government do it, as explained below.

How to Get a S.211 Report?

Custody and Access reports are ordered through the BC Supreme Court or the Provincial Court of BC. Let’s look at what you need to do at each court to obtain these s.211 reports:

S.211 Reports at the Provincial Court

In the Provincial Court of BC, you will need to do the following:

1. File an Application to Obtain an Order – this is the form that starts the family law process. You need to file and serve this form on the other parent and provide them with the allotted time to respond;
2. File a Notice of Motion seeking a S.211 report. If you have gone through your Family Case Conference and did not come to an agreement on parenting time arrangements, you can file a Notice of Motion and can often have it heard 7 days after your serve the other parent (depending on how short you can keep your submissions).
3. In support of your Notice of Motion, file an affidavit explaining the parenting differences, disputes and disagreements and ask the judge to make an Order for a s.211 report.
4. Note that you can ask the judge to allocate the cost of obtaining these reports. If they are done by a registered psychologist, they can cost anywhere between $8000 to $20,000 so they are not cheap. See below on how to ask for an order allocating costs or how to get a report for free.

S.211 Reports at the Supreme Court

At the BC Supreme Court, you will need to do the following to obtain a s.211 report:

1. File a Notice of Family Claim and serve a copy to the other parent. After serving them, you must wait 30 days for them to respond;
2. If you have already attended the Judicial Case Conference and didn’t come to an agreement, you will need to file a Notice of Application seeking a s.211 report. After service, you can have the application heard after 8 business days (if the application is less than 2 hours long. If more than 2 hours, you will need to call and book a longer hearing).
3. In support of your application, swear and file an affidavit that will factually explain the disagreements or disputes over parenting or parental responsibilities.
4. Note that you can ask the judge to allocate the cost of obtaining these reports. See below for more explanation.

Who to Choose to Do the S.211 Report in BC?

The first thing you need to know is that if you go online and look up the reviews of all the s.211 reporters in BC, you often find very negative reviews. This is because many custody cases are hotly contested and almost always, one parent disagrees with the report and can be hurt or upset with its finding. That parent may go and leave a negative review because he/she does not want to accept the report and thinks the reporter didn’t get it right. That parent may simply be placing the blame on someone else than themselves so take it with a grain of salt. And do not rely on the opinion of lay people when it comes to the reporter of your s.211 report. Always talk with a lawyer, mediator or a professional to get an informed referral, not an anonymous internet review which may simply be out of spite.

Second, I tried to write a blog recommending and reviewing some s.211 reporters but apparently, it was too ‘controversial’ and needed to be taken down. So I decided to contact these reporters and get some information on their procedure, strategy or ways of doing the reports so that I could at least relay that instead of my lawyer reviews on them. The only one who got back to me was Dr. Krywaniuk who also happens to be one of my favourite s.211 authors. The probable reason these reporters did not get back to me is that they mostly like to fly under the radar given the number of times they have been attacked by parents, lawyers or other people because of their reports and opinions. I do not blame them for wanting to avoid further exposure. Anyway, here it goes:

Dr. Korpach

Works out of Surrey and is one of the oldest and most credible s.211 reporters in BC. She is very extensive and analytical, and very smart. She one of the longest waiting lists and highest rates for doing a s.211 report in BC. And that is for a reason.

You can contact Dr. Korpach by clicking here.

Dr. Krywaniuk

A very positive, thoughtful and constructive s.211 reporter who tries to give recommendations that resolve situations rather than making them worse.  He is detailed, approaches his reports with the utmost care, and puts the child’s best interests ahead of anyone else’s. He is experienced enough to know who is acting and who is being real. He invests a lot of time meeting each parent, the interactions of the child with each parent and the child’s views and interests. He usually takes 2 or more months to do his report, is open and inviting.

As for his procedure and process, it seems like his process is more detailed and comprehensive than some other reporters. In my conversation with him, he explained his process as follows:

1. The process starts with an information sheet that asks the parents various questions such as their history and how they got ‘here’.
2. Second stage includes examination of parenting skills and the ability to co-parent;
3. Third stage involves a psychological assessment of each parent to understand the parents better;
4. Fourth stage involves meeting the children 4 years or older on 2 separate occasions – once with each parent.  This stage includes home visits when the children are present and sometimes, involves new spouses living in the same home and their interaction with the children. He usually spends 2 days with each parent in total.
5. Fifth stage includes speaking with collateral witnesses such as school officials, counsellors, references, doctors, etc.
6. Six stages involves reading affidavits or other paperwork provided to him, paperwork relating to the children themselves, etc.

Once the above process is complete, Dr. Krywaniuk writes a comprehensive report which is on average 50 pages long.  His reports range from $8000 to $14,000. He has been an expert custody witness with the court for several years. You can contact him by clicking here.

Dr. Elterman

Has been doing s.211 reports for a long time and has been an expert witness with the courts on many cases. You can contact him by clicking here.

Dr. England

Likes to fly under the radar so unfortunately, I do not have much to say about her work except that she has been found as a credible and analytical expert reporter in many family law cases.

You can contact her by clicking here. 

Dr. Aube

Works out of Vancouver and I can’t say much more because I never got to speak with her and find out her procedures or quality of work. You can contact her by clicking here.

Dr. Reay

I believe she works out of Kelowna and mainly focuses on alienation cases. She has a family reunification counselling program for alienated children which often gets mixed reviews. You can contact her by clicking here.

How Much Do s.211 Reports Cost?

They are expensive if done by a private psychologist. Often the full s.211 reports range between $8,000 to $20,000. Not everyone can afford these costs. The parents can apply to the Court for an Order that either one or both parents pay for the report pending further determination at trial. This means for example if you paid for the report, the report was in your favour and you were successful at trial, you may be able to get the fees you paid back from your ex-spouse.

In custody cases, it is always recommended that you speak with a BC Family Lawyer to fully know your rights and not jeopardize your child’s best interests based on lack of information or how to best represent your or your child’s case, and how to choose the right s.211 reporter. Contact our award-winning family lawyers for more help at 604-974-9529.

Can I Get Free s.211 Reports?

Yes, some s.211 reports are done by family justice counsellors through the government. Not everyone can get them though given that there are conditions for getting them:

1. Either you or your spouse or both must have a low income to be eligible for these reports;
2. They should be ordered through the Courts with the specific wording that a family justice counsellor should do them;
3. The reports are done by social workers and not registered psychologists so they can be more risky and open to error;
4. It takes a long time, sometimes 1 to 1.5 years to have these reports done through the government.

What to Do If You Do Not Agree with a S.211 Report?

Judges often do not get to see or hear the children prior to trial. Aside from hearing testimony, they do not have personal knowledge of how the parents deal with their children, whether their homes are safe or whether children are happy with parenting arrangements. That is why they heavily rely on the s.211 report to give them a better understanding of the family dynamics and the best interests of the child.

But just because a s.211 report has been provided, that doesn’t mean you are doomed and can do nothing about its findings if you do not agree with them.  In many situations, the report may get things wrong or the judge may disagree with the s.211 findings. If you have genuine and valid concerns or disagreements with the s.211 report, you always have it open to you to challenge it in court. The first thing you need to do is to prove the that psychologist got the facts or your case wrong, misunderstood you or your spouse or simply gave the wrong opinion.

There are numerous cases in which the judge does not follow the s.211 report and in fact, criticizes the author or the psychologist for getting the situation wrong. So don’t lose hope! Let’s see what you can do:

How to Challenge S.211 Reports

Follow the following steps to challenge the s.211 report:

1. Call the expert or the psychologist who wrote the s.211 as a witness to trial and cross-examine him/her: 
   1. This means they must show up to court and answer questions you have about their reports in front of the judge. So for example in one of my cases, the reporter stated in his report that the child was not doing well at school while in his mom’s care. But he had used the wrong report card from the wrong child (another one of his cases) in my case and therefore the entire report was wrong. In another situation, the reporter only met with my client for 2 hours but met with the other parent for 2 days and then wrote a report against my client. I challenged his findings because he really didn’t know or care about my client and her parenting and then wrote a one-sided report which was then heavily criticized by the judge and definitely not followed.
   2. Remember that these experts charge anywhere between $300 to $400 per hour to attend a trial. If you are successful in getting their report overturned, you can get reimbursement from your spouse, but if you don’t you’ll have to bite that cost and take the risk.
2. Ask for all of the expert’s files, notes, interview notes, documents they read, etc: reviewing these notes, etc, will show whether the expert made a mistake in his/her findings or whether he/she got things right or wrong.
3. Try to discredit the report by calling your own expert or psychologist to do a new report that points out the errors in the s.211 report based on the method the psychologist used, the assumptions he/she made and why the method or assumption are inappropriate. So you can hire your own expert to write a critique report and show that to the judge. Note that in some cases, judges do not like having too many conflicting reports, etc so critical reports are not always admitted.

To set up an initial consultation with our award-winning Vancouver Family Lawyers to find out the right choice for a s.211 reporter, please get in touch or call 604-974-9529. 

The content of this page was updated in May of 2018 for more accuracy, freshness and comprehensiveness.