Mediation is an opportunity to try to settle your case. In most cases, we are able to help parties have productive conversations with the mediator. But it is not right for everyone. If you and the other party are both willing to try to reach an agreement rather than have the court decide for you, we suggest you submit your intake forms and schedule separate intake meetings. This will help you and us decide if mediation is suitable in your case. Even if you do not proceed with mediation, you will both receive good information and supportive referrals.

A custody/access assessment is a detailed investigation of a family’s situation by an educated and trained professional such as a social worker, psychologist or psychiatrist. The assessor will collect information relevant to the children’s relationship with their parents and then recommend a parenting plan that suits the best interests of the children. The assessor conducting the assessment will meet with the parents and the children, and sometimes with other people who are involved in the children’s life. The assessor will then write a report for the judge which contains recommendations on custody and access (now called a parenting plan). In most cases, the parents are responsible for the cost of the assessment. In some cases, the judge may ask the Office of the Children’s Lawyer, a government agency, to conduct an investigation and report back to the judge with recommendations. The Office of the Children’s Lawyer may assign a social worker to conduct the investigation or assign a lawyer to meet with the children so that their wishes can be communicated to the judge.

This very issue was addressed by Mr. Justice Allan Boudreau in the Nova Scotia Supreme Court decision of Peters v. Graham (N.S.J. No. 452 (November 15, 2001)). The court ordered that a man whose wife deceived him into believing he was the biological father of twins for ten years pay child support, albeit at a reduced amount, since the children have two other fathers. Gregory Neil Peters argued that he should not have to pay support because he was misled by his ex-wife, Lisa Anne Graham, regarding the children’s paternity. The father stated that he would like to continue having a close relationship with the children, however, not as a father, but as a friend. The lawyer for the ex-wife argued that the decision should emphasize the best interests of the children and not focus on the actions of the parents. Under the Child Support Guidelines, a judge has the discretion to order a spouse or former spouse who is not a biological or adoptive parent, but who stands in the place of a parent, to pay child support.