How to Prepare for a Section 211 Report in BC Family Law?

Written By Abby Pang

What Is a Section 211 Report?

A Section 211 report is a report prepared pursuant to Section 211 of the Family Law Act in British Columbia. A Section 211 report is an assessment that provides information about the child’s needs, their views, and each parent’s ability to meet those needs. These reports are most often used in high-conflict parenting disputes when parents cannot agree on issues such as guardianship, parental responsibilities, and parenting time.

There are two types of s. 211 reports:

  • Views of the Child Report: A brief report that focuses solely on the child’s opinions and preferences.

  • Full Section 211 Report: A comprehensive evaluation that includes interviews, home visits, and an assessment of each parent’s ability to meet the child’s needs.

Who Can Prepare a Section 211 Report?

There are two main types of professionals who can prepare these reports:

1. Family Justice Counsellors (free, but limited availability)

Family justice counsellors are typically government employees, who can prepare both types of reports. No psychological testing is involved. They are required to have training in family violence. There is no cost, but wait times can be long (sometimes up to a year).

2. Private Assessors (costly, but more in-depth)

Private assessors may be psychologists, social workers, or clinical counsellors. These reports often include psychological testing and detailed assessments. The cost of these reports can range from $10,000 to $25,000 or more. The fees are paid by one or both parents, either agreed, or as ordered by the court. If you are hiring a private assessor, ask about their experience with family violence, cultural competency, and their professional background before agreeing to work with them.

When and Why Is a Section 211 Report Ordered?

As you can imagine, it is difficult for a judge to make a decision about a family based on affidavit evidence and a short snapshot of each family and their circumstances. A judge may order a Section 211 report when they need neutral, professional input to make decisions in the best interests of the child. According to British Columbia case law:

  • L.D.B. v. A.N.H., 2024 BCCA 61: The decision to order a report is discretionary.

  • Smith v. Smith, 2014 BCSC 61: The threshold for ordering a report is low; courts are encouraged to take a broad approach.

  • T.N. v. J.C.N., 2013 BCSC 1870: The only real obstacle is the cost of the report.

While the judge ultimately decides, either parent can request a report during the court process. Once prepared, judges often heavily rely on the recommendations within the report.

What Should You Consider Before Agreeing to a Section 211 Report?

Before requesting or agreeing to a Section 211 report, consider the following:

  • Do you truly need a report? If the report turns out unfavourable, it may be difficult to overcome in court.

  • Cost and timing: Can you afford a private assessment? Can you wait for a government-funded report?

  • Family violence: If abuse is part of your history, make sure the assessor is trained to recognize it.

  • Language barriers: If English is not your first language, request interpretation or translation services.

What Happens During the Assessment of the Section 211 Report?

The assessor will typically:

  • Interview both parents and the child or children;

  • Observe parent-child/children interactions;

  • Visit both homes;

  • Review relevant court documents including affidavits;

  • Administer psychological tests (for private assessments).

Please be reminded that the assessor is a court appointed or jointly appointed expert and not your counsellor. Their role is to gather information for the court—not to help you emotionally.

How Should You Prepare for Your Meeting?

Here are practical tips to help you prepare:

  • Be honest and focused: Stick to the facts. Speak clearly and respectfully. Avoid any speculation, theories, or assumptions.

  • Avoid blaming language: Instead of saying "he always yells," say "he often raises his voice during disagreements." Your assessor will be observing how you speak about your ex-spouse, especially in front of the children.

  • Talk about your child or children’s needs: Demonstrate understanding of your child or children’s development, routine, and emotional well-being.

  • Don’t diagnose your ex-spouse: Avoid statements like “he’s mentally ill” unless there is an official diagnosis that the assessor needs to be aware of.

  • Debrief with your lawyer: After your meeting, discuss with your lawyer about what was said and any concerns you had. This may be a useful conversation if the assessor is going to be cross-examined at trial.

  • Prepare for emotional impact: These meetings can be stressful. Consider speaking with a support person or counsellor afterward. Get some rest and decompress.

What If the Report Is Inaccurate or Unfair?

Although difficult, it is possible to challenge a Section 211 report. Here are different ways this can be done:

  • You may request that the assessor attend trial to be cross-examined;

  • Testify in court to correct misinformation;

  • Call witnesses who can provide clarification or contradict inaccurate statements;

  • Hire a second assessor to review psychological test results or conclusions.

How Are Section 211 Reports Used in Court?

Section 211 reports carry significant weight in court. Judges rely on them to gain a better understanding of the family dynamics and make decisions in the child’s best interests. However, the report is not the only factor. The court will also consider:

  • The child’s age and maturity

  • The risk of undue influence

  • Each parent’s ability to meet the child’s needs

  • Any history of family violence

  • The emotional impact on the child

Conclusion

A Section 211 report can be a powerful tool in family law cases, but it must be approached with care and preparation. Understanding the process, knowing your rights, and being strategic in your participation can greatly influence the outcome.

If you're facing a custody or parenting dispute, get legal advice before agreeing to a Section 211 report, especially if there are concerns about violence, cultural sensitivity, or language barriers. Your preparation and professionalism can significantly impact the final report—and your child’s future.

Frequently Asked Questions (FAQ)

Q: Do I have to agree to a Section 211 report?
A: No, but a judge can order one regardless. Once ordered, you must participate.

Q: Can I choose the assessor?
A: Only if you and your ex-spouse are hiring a private assessor. Government-funded reports are assigned.

Q: What if I don’t like the outcome of the report?
A: You may challenge it in court through testimony, cross-examination, or by hiring another expert.

Q: Is the report confidential?
A: No. It is shared with both parties and the judge.

Q: What should I tell my child?
A: Keep it simple. Let them know that someone will be talking to them to help a judge make the best decision for them.

If you need legal support or help understanding the Section 211 process, our family lawyers are here to assist. Contact us for a confidential consultation.

Abby Pang

Abby is a lawyer and loving mother of two children. She is an advocate for healthy families and children. She has turned her energy towards supporting families, by providing guidance and helping families navigate through the legal system, while empowering them to have a voice throughout the process.

Abby Pang’s journey began in Prince Albert, Saskatchewan. Subsequently, her family moved to the east side of Vancouver, before moving to Richmond, where she spent most of her childhood. Her father was a refugee who came to Canada in 1970, and from him she learned the meaning of grit.

In her youth, Abby experienced a breakdown in her family unit which resulted in divorce. She understands that marital breakdowns and divorces can be complicated, but also devastating. She also understands there are alternative options and ways to mitigate the damaging effects of the process.

Abby earned a bachelor’s degree from the University of British Columbia, studying psychology and family studies. She earned a law degree from Manchester Metropolitan University, exchange program through the Hong Kong University. In 2008, she returned to British Columbia to work in a large law office while completing her National Certificate of Accreditation. She then completed her articles in a boutique law firm in Vancouver. She was called to the British Columbia bar in 2012.

Abby has appeared in Provincial Court, Supreme Court and Court of Appeal. She deals with personal injury claims, sexual assault (civil) claims, and family law matters: Jansson v. Malone, 2021; Binning v. Kandola, 2021; Bergeron v. Malloy, 2020; Urwin v. Hanson, 2019; Lally v. He, 2016; Kandola v. Mactavish, 2016; Kweon v. Roy, 2016; Chan v. Caer, 2014; Saadati v. Moorhead, 2015; Loft v. Nat, 2015. In addition to her court experience, Abby takes a “family first” approach and is resolution-focused. She is registered through the International Academy of Collaborative Professionals.

As a lawyer, Abby Pang’s community involvement included volunteer work with the Federation of Asian Canadian Lawyers and the Canadian Bar Association Women Lawyers’ Forum. As well, she had the opportunity to assist at Rise Women’s Legal Center and Battered Women’s Support Services through volunteering with Amici Curiae Friends of Court.

Abby is the recipient of A Woman of Worth Leader of the Year Award 2023 for her outstanding achievements in strengthening her community/organization through innovative approaches to resolving challenges and inspiring meaningful change. She has been recognized nationally as a nominee of the YWCA Women of Distinction Awards 2023, which honours extraordinary women leaders and businesses.

In her personal time, Abby enjoys snowboarding, bike riding, and spending time with her family.

https://www.illumalaw.com/team
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