Does a clinical issue need to be considered to order a section 30 mental health assessment for a young child?
Ontario, Canada
The following excerpt is from Rothschild v. Rothschild, 2019 ONSC 568 (CanLII):
As Kiteley J. held in Sprott v. Ohm,[9] a clinical issue is not needed for the court to order an assessment. Kiteley J. concluded that a s. 30 assessment was in the best interests of the two young children in that case for a variety of reasons, including that the parents had been unable to make any significant decisions about the children’s needs vis-à-vis the parenting schedule that would be in their best interests. The parents in Sprott also had vastly different perspectives on the needs of the children and on their respective capacities to respond to those needs.
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