Assessment of needs of child
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).
When order may be made
(2) An order may be made under subsection (1) on or before the hearing of the application in respect of custody of or access to the child and with or without a request by a party to the application. R.S.O. 1990, c. C.12, s. 30 (2).
Agreement by parties
(3) The court shall, if possible, appoint a person agreed upon by the parties, but if the parties do not agree the court shall choose and appoint the person. R.S.O. 1990, c. C.12, s. 30 (3).
Consent to act
(4) The court shall not appoint a person under subsection (1) unless the person has consented to make the assessment and to report to the court within the period of time specified by the court. R.S.O. 1990, c. C.12, s. 30 (4).
Attendance for assessment
(5) In an order under subsection (1), the court may require the parties, the child and any other person who has been given notice of the proposed order, or any of them, to attend for assessment by the person appointed by the order. R.S.O. 1990, c. C.12, s. 30 (5).
Refusal to attend
(6) Where a person ordered under this section to attend for assessment refuses to attend or to undergo the assessment, the court may draw such inferences in respect of the ability and willingness of any person to satisfy the needs of the child as the court considers appropriate. R.S.O. 1990, c. C.12, s. 30 (6).
Report
(7) The person appointed under subsection (1) shall file his or her report with the clerk of the court. R.S.O. 1990, c. C.12, s. 30 (7); 2009, c. 11, s. 13 (1).
Copies of report
(8) The clerk of the court shall give a copy of the report to each of the parties and to counsel, if any, representing the child. R.S.O. 1990, c. C.12, s. 30 (8); 2009, c. 11, s. 13 (2).
Admissibility of report
(9) The report mentioned in subsection (7) is admissible in evidence in the application. R.S.O. 1990, c. C.12, s. 30 (9).
Assessor may be witness
(10) Any of the parties, and counsel, if any, representing the child, may require the person appointed under subsection (1) to attend as a witness at the hearing of the application. R.S.O. 1990, c. C.12, s. 30 (10).
Directions
(11) Upon motion, the court by order may give such directions in respect of the assessment as the court considers appropriate. R.S.O. 1990, c. C.12, s. 30 (11).
Fees and expenses
(12) The court shall require the parties to pay the fees and expenses of the person appointed under subsection (1). R.S.O. 1990, c. C.12, s. 30 (12).
Idem, proportions or amounts
(13) The court shall specify in the order the proportions or amounts of the fees and expenses that the court requires each party to pay. R.S.O. 1990, c. C.12, s. 30 (13).
Idem, serious financial hardship
(14) The court may relieve a party from responsibility for payment of any of the fees and expenses of the person appointed under subsection (1) where the court is satisfied that payment would cause serious financial hardship to the party. R.S.O. 1990, c. C.12, s. 30 (14).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (14) is repealed by section 81 and the following substituted:
Idem, serious financial hardship
(14) The court may require one party to pay all the fees and expenses of the person appointed under subsection (1) if the court is satisfied that payment would cause the other party or parties serious financial hardship. R.S.O. 1990, c. C.12, s. 81.
See: R.S.O. 1990, c. C.12, ss. 81, 85.
Other expert evidence
(15) The appointment of a person under subsection (1) does not prevent the parties or counsel representing the child from submitting other expert evidence as to 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 (15).
Mediation
31. (1) Upon an application for custody of or access to a child, the court, at the request of the parties, by order may appoint a person selected by the parties to mediate any matter specified in the order. R.S.O. 1990, c. C.12, s. 31 (1).
Consent to act
(2) The court shall not appoint a person under subsection (1) unless the person,
(a) has consented to act as mediator; and
(b) has agreed to file a report with the court within the period of time specified by the court. R.S.O. 1990, c. C.12, s. 31 (2).
Duty of mediator
(3) It is the duty of a mediator to confer with the parties and endeavour to obtain an agreement in respect of the matter. R.S.O. 1990, c. C.12, s. 31 (3).
Form of report
(4) Before entering into mediation on the matter, the parties shall decide whether,
(a) the mediator is to file a full report on the mediation, including anything that the mediator considers relevant to the matter in mediation; or
(b) the mediator is to file a report that either sets out the agreement reached by the parties or states only that the parties did not reach agreement on the matter. R.S.O. 1990, c. C.12, s. 31 (4).
Filing of report
(5) The mediator shall file his or her report with the clerk of the court in the form decided upon by the parties under subsection (4). R.S.O. 1990, c. C.12, s. 31 (5); 2009, c. 11, s. 14 (1).
Copies of report
(6) The clerk of the court shall give a copy of the report to each of the parties and to counsel, if any, representing the child. R.S.O. 1990, c. C.12, s. 31 (6); 2009, c. 11, s. 14 (2).
Admissions made in the course of mediation
(7) Where the parties have decided that the mediator’s report is to be in the form described in clause (4) (b), evidence of anything said or of any admission or communication made in the course of the mediation is not admissible in any proceeding except with the consent of all parties to the proceeding in which the order was made under subsection (1). R.S.O. 1990, c. C.12, s. 31 (7).
Fees and expenses
(8) The court shall require the parties to pay the fees and expenses of the mediator. R.S.O. 1990, c. C.12, s. 31 (8).
Idem, proportions or amounts
(9) The court shall specify in the order the proportions or amounts of the fees and expenses that the court requires each party to pay. R.S.O. 1990, c. C.12, s. 31 (9).
Idem, serious financial hardship
(10) The court may relieve a party from responsibility for payment of any of the fees and expenses of the mediator where the court is satisfied that payment would cause serious financial hardship to the party. R.S.O. 1990, c. C.12, s. 31 (10).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (10) is repealed by section 82 and the following substituted:
Idem, serious financial hardship
(10) The court may require one party to pay all the mediator’s fees and expenses if the court is satisfied that payment would cause the other party or parties serious financial hardship. R.S.O. 1990, c. C.12, s. 82.
See: R.S.O. 1990, c. C.12, ss. 82, 85.
Further evidence from outside Ontario
32. (1) Where a court is of the opinion that it is necessary to receive further evidence from a place outside Ontario before making a decision, the court may send to the Attorney General, Minister of Justice or similar officer of the place outside Ontario such supporting material as may be necessary together with a request,
(a) that the Attorney General, Minister of Justice or similar officer take such action as may be necessary in order to require a named person to attend before the proper tribunal in that place and produce or give evidence in respect of the subject-matter of the application; and
(b) that the Attorney General, Minister of Justice or similar officer or the tribunal send to the court a certified copy of the evidence produced or given before the tribunal. R.S.O. 1990, c. C.12, s. 32 (1).
Cost of obtaining evidence
(2) A court that acts under subsection (1) may assess the cost of so acting against one or more of the parties to the application or may deal with such cost as costs in the cause. R.S.O. 1990, c. C.12, s. 32 (2).
Request from outside Ontario for further evidence
33. (1) Where the Attorney General receives from an extra-provincial tribunal a request similar to that referred to in section 32 and such supporting material as may be necessary, it is the duty of the Attorney General to refer the request and the material to the proper court. R.S.O. 1990, c. C.12, s. 33 (1).
Obtaining evidence
(2) A court to which a request is referred by the Attorney General under subsection (1) shall require the person named in the request to attend before the court and produce or give evidence in accordance with the request. R.S.O. 1990, c. C.12, s. 33 (2).