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What Is an S.211 Custody and Access Report?
Determining who will raise the children following a divorce is one of the most challenging issues a couple can face. Ideally, the divorcing couple will work with their lawyers to find solutions through mediation, avoiding the expensive and time-consuming court process. However, coming to an agreement is not always easy, even with the help of excellent lawyers and mediators.
If the two individuals cannot reach an agreement, Saskatchewan courts often must issue a final order instructing the couple on how to handle child custody arrangements. In order to make this decision, a judge will sometimes request a custody and access report, often called a “S.211 report.” This document is prepared by a neutral professional who speaks with the couple, the children and observes the conditions in the home to make a recommendation to the judge.
If you need a S.211 report, either because you, your spouse, or a judge requested one, you may be feeling nervous about how to get a positive result from this experience. Or, you might have received a report, and you disagree with the findings. Whatever your current situation, you can get legal advice and representation from our experienced Saskatchewan parenting arrangement lawyers. Call Panko Collaborative Law & Mediation today at 306-975-7151to learn more about how we can help.
How Is a Custody and Access Report Created?
According to The Children’s Law Act of 2020, the court may appoint one or more individuals as the child’s legal decision-maker and assign parenting time to one or more persons. To do so often requires a Custody and Access Report, or S.211.
Creating the S.211 report begins with an order from a Saskatchewan judge. The report might be requested because the couple cannot agree on a framework for parental responsibilities, or one spouse may request the report. The judge will appoint an individual who will interview each parent and child. The process may also involve interviewing other persons who know the family. Preparing a report may also require observing the family in the home.
Who Creates the S.211 Report
The person assigned to create the Custody and Access report isn’t necessarily a legal professional. They may be a family justice counsellor or a private professional such as a psychiatrist.
Family Justice Center Counsellors
Family justice counsellors may prepare S.211 reports. However, families may have to wait longer for help from a counsellor in the Family Justice Centre.
Private Assessors
Using a private assessor can result in a more extensive report but also comes at a higher cost to the family. Please seek legal counsel from a trusted lawyer before choosing who will prepare your S.211 report.
How Can I Obtain a Favourable S.211 Report?
A judge is likely to follow the recommendations of the S.211 report, so it is crucial to do your best to achieve favourable outcomes in the report. This is especially important in sensitive cases, such as those dealing with family violence or indigenous races. Selecting the right assessor and acting appropriately can help with such delicate matters. You should also consult with your lawyer to get advice regarding your unique situation for the best possible outcomes in your Custody and Access Report.
Be Honest
It is essential to be honest when answering questions about your children and your spouse. Your lawyer can help you understand what the assessor is looking for and will advise you on how to honestly and accurately answer their questions, including whether your spouse is physically, emotionally, or financially abusive.
Be Courteous
It can be challenging to discuss sensitive matters regarding raising your children at this difficult time. However, being polite and courteous with the person creating your S.211 report can make all the difference in how they view you as a parent.
Consult With a Lawyer
Speaking with a lawyer is one of the most critical aspects of getting favourable results in your divorce. Your lawyer can identify ways the assessor misjudged you or your spouse and will fight for your rights while seeking the optimal child custody arrangement. Call our law firm today for help seeking child custody during your divorce.
What Can I Do if I Disagree with the Custody and Access Report Results?
Many people become discouraged if an S.211 report is inaccurate or draws the wrong conclusion. However, there is still hope for challenging the report. Please seek legal counsel and representation if you feel that your Custody and Access Report does not accurately represent you as a parent. Your lawyer can help by reviewing the document, questioning the assessor, or getting a second opinion in a different assessment.
Should You Hire Our Saskatchewan Parenting Arrangements Lawyers?
The skilled lawyers at Panko Collaborative Law & Mediation have helped countless couples work through joint parenting agreement issues, including getting positive results in S.211 reports. We understand how complex and emotional these matters can be and will stand by you throughout the process.
Our lawyers have the skills and confidence to question S.211 reports, cross-examine assessors, and challenge the results when they do not accurately represent you. Whether you feel that the assessor was not behaving professionally due to your race, if they drew the wrong conclusion about the relationship between you and your children, or if any other problem arose during the assessment, we can help.
Call Panko Collaborative Law & Mediation at 306-975-7151 for representation in your child custody case.
