What can a section 211 assessment cover?
Section 211 of the Family Law Act allows a court to appoint a person to assess one or more of three areas for a proceeding about care of and time with children: the child's needs, the child's views, and a party's ability and willingness to satisfy the child's needs.
Who can prepare it?
The Act says the person must be a family justice counsellor, a social worker or another person approved by the court. Unless every party consents, the assessor must not have had a previous connection with the parties.
Can the application be made without notice?
The Act expressly says an application under section 211 may be made without notice to another person. That does not mean a without-notice application is automatically appropriate in every factual situation; the court retains control over its process.
Supreme Court timing
Rule 13-1 adds Supreme Court procedure. Unless the court orders otherwise, the appointed assessor must file a copy of the report and serve a filed copy on all parties at least 42 days before the scheduled trial date. The Rule also governs the process for seeking to call the report writer.
Who pays?
Section 211 allows the court to allocate assessment fees among the parties or require one party alone to pay. The actual cost can vary significantly depending on the scope, assessor and complexity, so an order for a report can materially affect litigation budgeting.
Cost planning
A section 211 report can be consequential evidence. Before seeking or opposing one, it may be worth obtaining focused legal advice about the precise issue the proposed assessment is meant to resolve, the likely scope and whether a narrower process could answer the question at lower cost.