Michelle L. Hayes
Assessment, Mediation, Consultation,
Counselling & Parenting Coordination

Michelle Hayes, B.S.W., M.S.W.
10 George Street
4th Floor
Hamilton, ON L8P 1C8
ph: 905-667-1999
fax: 905-387-7530
michelle
The custody and access assessment process (often referred to as a "section 30" Children's Law Reform Act assessment) is implemented when the parties have not been able to work cooperatively towards an agreement on issues related to the custody and access of the children. They are often requested when there are concerns about the other parent's ability to parent, when the child(ren)s needs are not being adequately met, or when one parent feels that the other is alienating them from the child(ren).
These assessments can be initiated at the request of a lawyer, individual, or Court order. If the other party will not agree to participate in this type of assessment, then you will need to obtain a court-ordered assessment. If the court orders the assessment , the other party will have to cooperate. Otherwise, the custody and access assessment can be done on consent between the two parties involved but that consent should be written by a lawyer, and each person should obtain independent legal advice prior to undertaking this process.
I am a highly trained professional and objective assessor who provide the parties and the court with a custody and access assessment report and/or verbal disclosure of the recommendations. The report usually indicates the needs of the children, which party can best meet those needs, and what each parent can do to improve the situation for the children. The report includes specific recommendations about custody and access.
These are lengthy and rather comprehensive assessments that take anywhere from one to three months to complete. They usually involve several steps including meeting with the parents individually, completing home visits, meeting with the children, and talking to professionals who have been involved in the situation.
The benefit to having a custody and access assessment completed is that the parties' are given recommendations about custody and access that are based upon the needs of the children. It takes the guessing out of who said what and who did what to whom, and puts the focus on the child(ren). Further, the assessment report is usually highly regarded by the court and the recommendations are often incorporated into a court order.
Typically, I provide a verbal disclosure of the assessment findings. Only when requested to do so will I provide a full report of all the particulars that lead to our conclusion. The full report is requested when the parties are not able to settle the issues of custody and access following my verbal disclosure and is needed to resolve the matter in litigation.
I have completed many custody and access assessments both under section 30 C.L.R.A., as well as for the Office of the Children's La wyer, Ministry of Attorney General.
At times I have been asked to provide feedback to parents or their lawyers regarding the wishes, preferences, and needs of the children. These mini-evaluations usually involve an interview with each parent and more than one interview with the children followed by a verbal disclosure and/or short report made to the parties and their counsel. Child interviews are often used when the children are latency or teen years and are able to speak for themselves. Sometimes they want their voice to be heard. In some cases the child will inform that he/she does not want to put forth a position so that the resolution remains with the parents or court.
A focused assessment is requested when there is a specific issue to be assessed. For example, it may be that custody is not in question but a parent's ability to provide for overnight access is and needs to be assessed. The assessment is followed by a verbal disclosure and/or short report. In other words, a focused assessment is a single-issue assessment.
Michelle Hayes, B.S.W., M.S.W.
10 George Street
4th Floor
Hamilton, ON L8P 1C8
ph: 905-667-1999
fax: 905-387-7530
michelle