COURT OF QUEEN’S BENCH OF ALBERTA FAMILY …

1 COURT OF QUEEN S BENCH OF ALBERTAFAMILY LAW PRACTICE NOTE 7 USE OF INDEPENDENT PARENTING EXPERTSEFFECTIVE MARCH 31, 2001 AMENDED APRIL, 2004 AMENDED JULY, 2006 TABLE OF CONTENTSPURPOSE AND Provisions for Interventions and for for 1 - 2 - ORDERS ..9 PURPOSE AND Practice Note is for use in a small minority of separated and divorcingfamilies where:a)the families are experiencing an impasse, b)the intervention of the COURT is required; and c)the COURT requires assistance from Parenting Experts. is in the best interests of children who are members of conflicted families thatthere be early, quick and effective intervention by the Courts and mental Practice Note may be to target specific issues in the FAMILY and to facilitate resolution usingParenting Experts in an expeditious, non-adversarial fashion.

2 , where resolution is not possible, to provide for an objectiveassessment of the FAMILY by a Parenting Expert as a litigation aid to assistthe COURT in addressing the best interests of the Practice Note takes into account the limitations imposed on ParentingExperts by the professional bodies that govern them, and has been prepared inconsultation with the College of ALBERTA Psychologists and the ALBERTA College ofSocial Practice Note does not apply to matters under the Child, Youth and FamilyEnhancement Act, 2000, c. are set out in Appendix 1 to this Practice Practice Note provides for two kinds of procedures: Interventions (bothshort-term and long-term) and Provisions for Interventions and 2 provides forms of Order for Interventions and Assessments.

3 Thoseforms of order are guides and may be modified to suit the specific case. agreement by the parties as to the Child Parenting Expert to be appointedby the COURT , the COURT will select the Expert taking into consideration the parties suggestions. The Expert may not be appointed unless the Expert consents Practice Note expressly recognizes that Parenting Experts are not permittedby their colleges to engage in the dual roles of Assessment and Intervention withthe same person or an order is made under this Practice Note, and the parties are not undercase management, the COURT shall direct the parties to make an application forcase management or shall order that any letters or reports from the ParentingExperts are to come to the judge making the Practice Note 7 Order for an Intervention or an Assessment must address funding, timelines for funding.

4 And each parent s responsibility for that funding. Beforeordering an Assessment or an Intervention, the COURT must determine the abilityof the parties to pay. If the parties cannot pay and subsidies are not availablethen an Intervention or an Assessment must not be Order must address the intended use of a Parenting Expert report or particular, the Order should address whether the report or letter may be usedonly for interim applications, or only for trials or for both. Parenting Expert may, on notice to all parties and by letter seek directionsfrom the COURT at any time during an Intervention or Assessment, provided thatthe Parenting Expert has first contacted legal counsel for the parties in anattempt to resolve the issue.

5 Given the circumstances in each case, theParenting Expert shall give counsel a reasonable time to respond before seekingdirections from the COURT . Once a letter is received, the COURT may convene ahearing with the Parenting Expert and the parties, or may attempt to resolve theissue by letter to the parties and the Parenting Expert. The notice provision ofthis paragraph applies to all of those provisions in this Practice Note that providefor the Parenting Expert to contact the Parenting Expert, on notice by letter with copies to legal counsel, shall seekfurther directions from the COURT in the following circumstances:a) where a party withdraws from an Intervention or an Assessment,b)where a party fails to cooperate with the Parenting Expert.

6 Orc) if the Parenting Expert fees for the Intervention or Assessment are notpaid as directed by the COURT may include a provision in any order prohibiting further applications bythe parties with respect to a parenting, custody or access until the Intervention orAssessment is completed, unless the safety or health of a child is at risk or theParenting Expert recommends an application. a parent refuses to provide his/her consent to the Parenting Expert for anIntervention or an Assessment, or consent to allow the Parenting Expert to speakto the children alone or with the other parent, the COURT may dispense with thatparent s consent and order the Intervention or Assessment to proceed withoutthat parent s otherwise ordered.

7 No complaint may be made to the professional bodygoverning the practice of the Parenting Expert until the Intervention is completeor the COURT has rendered its decision in the matter for which an Assessment hasbeen Intervention means a short or long term therapeutic involvement by aParenting Expert that is resolution oriented to assist families to overcomeconflict. The Intervention is intended to support the FAMILY in a collaborative,child-centred manner. Some examples of Interventions are given in COURT may make an order appointing a Parenting Expert to conduct anIntervention which order may include terms that:a)describe the nature of the issues in dispute;b) set the type of Intervention and the time limits; and, c) set the date by which the Intervention should be types of Intervention may : assisting FAMILY members in the adjustment ofchanged circumstances and the restructuring of FAMILY roles.

8 Sessions: in addition to the Parenting After SeparationCourse, providing FAMILY members with education regarding children sneeds, parents roles, caregivers roles and negative impact on children ofprolonged conflict; plan: assisting the parents to jointly develop a parenting plan; parenting plans: where the parents cannot cooperate, assistingthe parents to develop and implement a parallel parenting plan; : evaluating particular issues specific to that FAMILY ; the specific needs or, where appropriate, the wishes of thechildren; facilitated access: between parent and child; : to the COURT for longer term counselling;mediation/arbitration; other forms of intervention; other community groupor support service; psychological testing; whether an Assessment isrequired.

9 Or any other recommendation which the Parenting Expert is ofthe opinion is appropriate in the the Intervention results in a written resolution such as a parenting plandefining how the proposed new FAMILY arrangements will meet the children sneeds, the COURT may require the parties to file the resolution with the the Intervention does not result in a written resolution, the ParentingExpert shall communicate the resolution of the Intervention to the COURT and theCourt may use the written resolution or the letter as the basis for a COURT orderdetermining appropriate parenting arrangements, including parenting time,contact, custody and access arrangements for the the Parenting Expert communicates with the COURT by letter, theParenting Expert shall not send the letter directly to the parents or the children.

10 The parents are entitled to view the letter with their counsel, but neither theparents nor the children may receive copies of the letter without an order of theCourt. Where a party is self-represented, the COURT shall provide in the Orderhow the party may review letters from the Parenting , at any point, the Parenting Expert determines that continuing the Interventionwould not be useful, the Parenting Expert may terminate the Intervention andreport by letter to the COURT and legal counsel: the Intervention has not been successful, describing factorscontributing to the success or lack of success; referral to a more appropriate Intervention could be beneficial.