What is the effect of the s.15 investigation and report in determining custody and access issues?

British Columbia, Canada


The following excerpt is from S.P. v. H.P., 2003 BCSC 588 (CanLII):

In Fawcett v. Fawcett, [1999] B.C.J. No. 506 (S.C.), Mr. Justice Lowry considered the significance a s. 15 report should be given in determining the matter of custody. In the case before him three reports had been prepared which assessed the pros and cons of the child living with each parent and formulated a detailed proposal which addressed custody and access. Mr. Justice Lowry found that neither the Act nor the order allowing for the preparation of the report either invited him or directed him to make a recommendation regarding the decision the court should make. (¶ 10) I agree with his comment that: “… a parent who consents to no more that an order for a s. 15 investigation and report ought not to then be faced with a recommendation that amounts to a predisposition of the issue the court is asked to decide.” (¶ 11)

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