UNDERSTANDING SECTION 211 REPORTS IN BC, CANADA

Section 211 reports, also known as Custody and Access reports, are prepared by psychologists, counsellors, or family justice counsellors, who have specialized training and experience in working with children and families. These reports focus on the well-being of the children and assess the family dynamics, including the nature of each parent’s relationship with the children. Based on their evaluation, the professional provides recommendations regarding parenting arrangements that they believe serve the children’s best interests. The name “Section 211 report” comes from Section 211 of British Columbia’s Family Law Act, which authorizes the court to request such assessments.

The professionals who prepare these reports essentially act as the “eyes and ears” of the judge. They typically meet with each parent separately, interview the children, and may also speak with other relevant individuals such as; teachers, doctors, or extended family members to gain a clearer understanding of the family dynamics and underlying disputes. Their role is to assess the situation impartially and recommend parenting arrangements that prioritize the child’s well-being. The court carefully reviews these reports, and judges often rely on them (but not always), to make informed decisions that align with the best interests of the child,

You may request a Section 211 report at any point during your family law proceedings, even after a trial has concluded, provided there is still an active court file. A court order is typically required to authorize the preparation of the report. While these reports are most commonly ordered in the early or mid-stages of litigation, they can be sought whenever the court deems it necessary to gather more insight into the child’s needs and family dynamics. The preparation process can take several months, as it involves in-depth assessments and interviews. Once the report is complete, it is distributed to both parents and filed with the court for consideration in future decisions.

There are several circumstances that may prompt the court or one of the parties to request a Section 211 report. These reports are often considered when there is significant conflict or uncertainty about what parenting arrangement would serve the child’s best interests. Common triggering events include:

Disputes over custody or parenting time

• When parents cannot agree on who the child should live with or how parenting time should be shared.

Concerns about a parent’s capacity

• If there are allegations involving mental health issues, substance abuse, or neglect, the court may seek an objective assessment.

Allegations of abuse or family violence

• The court may order a report to better understand the risks and dynamics involved.

Relocation applications 

• When one parent wishes to move with the child to another city or province, a Section 211 report can help assess the potential impact on the child.

Alienation or estrangement

• If a child refuses to spend time with one parent, the court may seek expert insight into whether alienation, fear, or other factors are influencing the child’s behaviour.

Longstanding or high-conflict litigation

• In complex, prolonged disputes, a neutral third-party perspective is often necessary to break deadlock and ensure the child’s needs remain the focus.

These reports provide critical, impartial guidance in cases where the emotional and legal stakes are high, helping the court make decisions grounded in the child’s best interests.

Under the BC Family Law Act, there are three primary types of Section 211 reports. Each serves a unique purpose, depending on the age of the child, the nature of the dispute, and the level of detail required by the court.

1. Views of the Child Report

Typically used for children 12 years and older, this report is prepared by a trained professional, often a psychologist or counsellor who conducts interviews with the child to understand their daily life, feelings about each parent, and preferences regarding parenting arrangements. The goal is to provide the court with insight into the child’s perspective.

In cases involving parental alienation, a Views of the Child report may not be sufficient. This is because children influenced by one parent may repeat narratives that do not reflect their genuine wishes. However, even in these reports, the professional may comment on whether the child’s views appear coached or authentically their own.

• Estimated Cost: $800 to $2,500
• Timeframe: Usually completed within a few weeks.

2. Hear the Child Report

This is a less formal and more limited version of the Views of the Child Report. It is often prepared by trained professionals such as lawyers, counsellors, or psychologists and is best suited for older children and teenagers. Unlike other reports, the Hear the Child report does not provide any analysis or opinion. It simply conveys the child’s views to the judge, much like a direct message from the child to the court.

Because judges in BC rarely meet directly with children, these reports serve as a way for children’s voices to be heard without placing them in a courtroom setting.

• Estimated Cost: $500 to $1,500
• Timeframe: Generally quick to prepare,

3. Full Section 211 Report

This is the most detailed and commonly ordered report under Section 211. It involves a comprehensive assessment by a psychologist or counsellor, who may spend several weeks or even months interviewing not just the parents and children, but also third parties such as teachers, caregivers, or extended family. The professional may observe family interactions, review documentation, and gather broad contextual information to develop a thorough recommendation on what parenting arrangement would best serve the child’s needs.

One of the core principles underlying a Section 211 Report is the recognition that children have a right to be heard in matters that directly impact them. The reports ensures that the child’s voice is meaningfully included and appropriately weighed during the court’s deliberation and decision-making process.

While some parents express concern over their children being interviewed by a stranger, it’s worth noting that these professionals are trained to work with children in a gentle, relaxed manner. They are skilled at identifying manipulation, detecting dishonesty, and understanding complex emotional dynamics.

Full reports are especially important in situations where children are too young to articulate their own preferences or where high-conflict dynamics cloud the ability to make fair, balanced decisions.

• Estimated Cost: $10,000 to $40,000+ (Private professional).
• Public Option: Free through the government if you qualify for assistance.
• Timeframe: Several months to over a year, depending on availability and complexity.

Section 211 reports can be ordered through either the BC Supreme Court or the Provincial Court of BC, depending on where your family law case is being heard. The process varies between the two courts. 

Before applying to either court for a Section 211 report, it’s important to be thoroughly prepared. Take the time to research a range of qualified psychologists or family counsellors who conduct these assessments. Reach out to several professionals to inquire about their availability, estimated costs, and specific assessment process. 

Ideally, gather preliminary quotes and estimated timelines in writing. Including this information in your application can demonstrate to the court that you’ve done your due diligence and are ready to proceed without unnecessary delay.

To request a S. 211 report in the Supreme Court, you’ll need to:

1. File a Notice of Family Claim and serve it on the other parent. Once served, they have 30 days to file a response.
2. If a Judicial Case Conference (JCC) has already taken place and no agreement was reached regarding parenting arrangements, you can proceed by filing a Notice of Application to request a Section 211 report. After serving the application, it can generally be scheduled for a hearing 8 business days later provided it is expected to take less than two hours. If the application is longer, you’ll need to book a longer hearing in advance.
3. Along with your application, you must swear and file an affidavit that outlines the specific parenting issues, conflicts, or concerns justifying the request for the report.
4. You can also ask the judge to allocate the cost of acquiring these expensive reports. Meaning either one or both parents pay for the report. See How to ask the judge to allocate costs in the next section.

To request a S. 211 report in the Provincial Court, you’ll need to:

1. File an Application to Obtain an Order. This is the form that initiates the family law proceedings. You must serve a copy on the other parent and give them the required amount of time to respond, as outlined in the court rules.
2. Submit a Notice of Motion requesting a Section 211 report. If you’ve already attended a Family Case Conference (FCC) and couldn’t reach an agreement on parenting time, you may proceed with a Notice of Motion. These motions can often be heard seven days after service, depending on the length and complexity of your submissions.
3. File a supporting affidavit. Your affidavit should explain the key parenting disagreements, conflicts, or concerns, and make the case for why a Section 211 report is necessary. The judge will review this in considering your request.
4. Request a cost-sharing order, if needed. Section 211 reports prepared by private psychologists can range from $10,000 to $40,000+, so it's important to ask the court to determine how costs should be divided. 
5. For individuals who qualify, there may also be free options available through government services. See section How to Access Free or Subsidized Section 211 Reports below for more information on financial assistance.

Choosing a qualified, impartial, and experienced assessor is one of the most important decisions you’ll make when seeking a Section 211 report. These reports are highly influential in court and can shape the judge’s understanding of family dynamics, parenting capacity, and the child’s best interests. 

When researching assessors, be mindful of information found in online forums! While some feedback may be helpful, it can also be emotionally charged or biased. Instead, seek out insights from trusted family law professionals or other parents with firsthand experience. Try to approach the decision with a level head, setting emotions aside and focus on what type of professional would best serve your child’s needs and the specific dynamics of your case.

Factors to consider when evaluating potential assessors include:  

Credentials & Licensing

• Ensure the professional is a registered psychologist, clinical counsellor, or qualified family justice counsellor recognized by the court. You can verify credentials through regulatory bodies such as the BC College of Psychologists or the BC Association of Clinical Counsellors.

Family Law Experience

• Choose someone who has specific experience with Section 211 reports and is familiar with the BC Family Law Act. Ask how many similar reports they’ve completed.

Understanding of Complex Dynamics

• If your case involves high conflict, alienation, mental health concerns, or allegations of abuse, select someone with a background in those areas.

Child-Centered Approach 

• The assessor should prioritize the child’s emotional safety and best interests. Ask about how they engage with children and how they handle sensitive situations.

Credibility

• Ask lawyers, duty counsel, or legal advocates whether the assessor is known to be respected, impartial, and thorough. 

Talk to a Lawyer or Legal Professional even if you're self-represented. Consulting with a family lawyer, duty counsel, or legal advocate can be extremely helpful:

• They may recommend specific assessors known for professionalism and credibility.
• They can review your affidavit or application wording to help strengthen your request.
• They might flag assessors to avoid or help you understand how your choice may be received by the court.

Don’t hesitate to also ask family justice counsellors at a Justice Access Centre for support. They’re trained to help you navigate options and often have direct experience working with assessors. If you qualify for legal aid or subsidized reports, they can guide you through that process too.

Once you’ve gathered a list of potential assessors, request a consultation or email exchange and ask about:

• Their assessment process - interviews, observations, third-party contact, etc.
• Turnaround time for completing the report.
• Fee structure and payment schedule.
• Availability in the next 1–3 months.

When you apply for a Section 211 report, it’s helpful to include:

• A list of assessors you’ve contacted and who is available.
• Written estimates or quotes, including cost and expected time to complete the report.
• Any email correspondence showing willingness to take on the report.
• A brief summary of why the recommended assessor is suitable for your case.

This shows the court that you’re prepared, proactive, and seeking a timely and fair resolution.

If you cannot afford the cost of a private Section 211 report, you may be eligible for a no-cost report through a government program, particularly if your income is low or you qualify for legal aid. These reports are typically prepared by Family Justice Counsellors (FJCs) who are employed by the Ministry of Attorney General.

Speak with a Family Justice Counsellor at a local Justice Access Centre (JAC) or Family Justice Centre. These professionals are trained to mediate disputes and provide guidance in the family law process. They can assess your eligibility and start the request process. You may be eligible for a free Section 211 report if:

• Your income falls within the low-income threshold set by the province.
• You are receiving income assistance.
• You cannot afford a private psychologist and would otherwise be unable. to proceed with obtaining a report.
• If you're already in court, you can raise this issue at a Family Case Conference or Judicial Case Conference and request that the judge consider your financial situation and to authorize the report through a Section 211 Order naming a government-employed Family Justice Counsellor to prepare the report, rather than a private provider.

Important factors to consider:

• Wait times for government-funded reports can take upwards of 12 months or longer to prepare due to high demand and limited Justice Counsellor availability.
• Government reports are often less comprehensive than those done privately, especially in complex, high-conflict cases. However, they are still admissible and influential in court.

While a Section 211 Report is a powerful tool for ensuring the child's best interests are prioritized, it also brings certain complexities that must be carefully considered:

Child’s Age, Development, and Maturity

• The influence of a child’s views depends greatly on their developmental stage. Young children often lack the emotional and cognitive maturity to fully comprehend complex custody disputes. In contrast, adolescents may provide more nuanced, independent perspectives. Courts tend to place greater weight on the views of older, more mature children, while the opinions of younger children are approached with more caution.

Emotional Impact of the Assessment Process 

• The act of sharing their private thoughts, loyalties, and preferences can be emotionally taxing for children, particularly when they feel "caught in the middle" of their parents' conflict. A poorly conducted assessment risks heightening the child's anxiety, guilt, or confusion.  
• A good assessor will create a child-centered, non-threatening environment, avoid leading questions, and provide reassurance that the child is not being asked to "choose" between parents.

Risk of Parental Influence or Coaching 

• In high-conflict situations, there is a real concern that a child's views may be shaped subtly or overtly by one parent. Skilled assessors are trained to detect signs of undue influence, such as language patterns, emotional over-identification with one parent, or unrealistically negative views of the other parent. Nonetheless, subtle coaching can still complicate the task of accurately capturing a child's true feelings.

Limitations of the Assessment Snapshot

• Section 211 reports offer a snapshot in time of family dynamics. However, family circumstances are fluid relationships can heal, deteriorate, or evolve quickly. As such, reports may unintentionally become outdated by the time a trial occurs. Courts recognize this limitation, and sometimes additional updated reports are needed if significant time has passed or circumstances change.

Assessor Bias or Limitations

• Although assessors are trained to be neutral, bias can still exist, whether consciously or unconsciously. Factors such as the assessor’s theoretical orientation, cultural worldview, or even past professional experiences can influence their interpretations. This is why choosing the right assessor, someone with a strong reputation for fairness and balanced analysis is critical.

Financial Costs and Delays

• Section 211 reports can be expensive (especially private reports) and may lead to delays in litigation due to lengthy preparation times. While courts recognize their value, they are mindful not to let the cost or delay inhibit access to justice. Judges may encourage parties to share the costs or, where possible, direct the use of government-funded Family Justice Counsellors.

Risk of Misplaced Over-Reliance by the Court 

• Although Section 211 reports are influential, they are not determinative. Courts are required to consider the report alongside all other evidence such as affidavits, testimony, and parenting history. A judge cannot simply "rubber-stamp" an assessor’s recommendations but must critically analyze the report within the full context of the case.

Conclusion

Understanding the strengths and limitations of a Section 211 Report is vital for any parent, lawyer, or self-represented litigant navigating family law. While these reports provide valuable insights into the child's experience and family relationships, they are just one piece of the evidentiary puzzle. Careful preparation, choosing the right assessor, and ensuring the child’s emotional safety throughout the process are essential for achieving a truly child-focused outcome.