Section 30 Report (Family)

From Riverview Legal Group


Children's Law Reform Act, RSO 1990, c C.12[1]

30 (1) The court before which an application is brought in respect of custody of or access to a child, by order, may appoint a person who has technical or professional skill to assess and report to the court on the needs of the child and the ability and willingness of the parties or any of them to satisfy the needs of the child. R.S.O. 1990, c. C.12, s. 30 (1).

[1]

Da Cunha v Da Silva Gomes, 2017 ONSC 4466 (CanLII)[2]

[5] This is a difficult matrimonial proceeding. On June 22, 2017, just one month ago, Ferguson J. heard a long motion on interim access in which the applicant was seeking to allow only supervised access. The applicant’s motions regarding the respondent’s serious financial arrears were not even reached that day. The CCAS has been involved. A section 30 report has been obtained. The dealings among the parties are strained at best.

[2]

Bozin v. Bozin, 2010 ONSC 1010 (CanLII)[3]

[15] Counsel for the mother also argues, and has provided case law that a section 30 Report ought not be weighted as evidence until it has been subject to cross examination and the rigors of trial. That may be a supported course of action in jurisdictions in which trials are readily available within expedited time lines. Such is rarely the case in Central East. Children should not be left in limbo, nor should parents be put to the costs of updating reports on the basis that a section 30 report can only be tendered at trial.

[3]

References

  1. 1.0 1.1 Children's Law Reform Act, RSO 1990, c C.12, <http://canlii.ca/t/54v2v> retrieved on 2021-01-01
  2. 2.0 2.1 Da Cunha v Da Silva Gomes, 2017 ONSC 4466 (CanLII), <http://canlii.ca/t/h500w>, retrieved on 2021-01-01
  3. 3.0 3.1 Bozin v. Bozin, 2010 ONSC 1010 (CanLII), <http://canlii.ca/t/28lvh>, retrieved on 2021-01-01