A brochure on the LCAP services is available

London Custody and Access Project

Addressing inter-parental conflict is essential to help children adjust to a family separation, divorce or other type of relationship break down. When disputes get bogged down in the legal system, resolution is delayed and the children suffer. The London Custody and Access Project (LCAP) was created to help everyone create child-focused plans about custody and visitation in families where conflict is high and cooperative parenting has not been possible. LCAP is housed within the Centre for Children and Families in the Justice System (formerly known as the London Family Court Clinic), made up of Centre staff plus outside consultant members who are social workers and psychologists. LCAP was established in 1980 in London Ontario but accepts cases from anywhere, as long as parties can travel to London for interviews.

Recognizing that each family and set of circumstances are unique, we offer a range of services:

• Custody and Access Assessment
• Family Mediation
• Arbitration
• Parenting Coordination

The project accepts referrals directly from lawyers or from the Court by way of the Children's Law Reform Act. With agreement of all parties, parents can make referrals directly to the project.

Custody and Access Assessment

In this comprehensive clinical service, an experienced and independent mental health professional examines all available information and interviews all key parties to devise a recommendation to best meet the interests of children when their parents cannot agree on custody or key features of visitation. Custody and access assessments are ordered under s. 30 of the Children's Law Reform Act of Ontario or agreed to by consent of both parties.

Conditions for Custody Assessment

Conditions for assessment are these:

• both parents agree to participate in the evaluation process
• the children are available for interviews
• all parties give written permission for the evaluator to obtain relevant information from third parties such as schools and doctors, if needed.

The Custody Assessment Report

The purpose of an assessment is to identify and explain the needs of the children and evaluate each parent's (or other caregiver's) willingness and ability to meet the children's needs. The result of the custody assessment process is a report outlining all findings and recommendations. Early in the process, the assessor's input may assist parents and their lawyers to reach a settlement. If a tentative settlement is reached during the assessment process, a brief report setting out the arrangement can be provided. However, should the plan break down, a full assessment report will be written on request. Both parents and lawyers for both sides receive a copy of the report which may also be used in court. If a trial is required to settle the dispute, the assessment report may be used in a court hearing to assist the judge. Usually, the author of the report testifies about his/her findings and recommendations.

The Custody Assessment Process

During the assessment, the parents are interviewed about their issues and the children's adjustment. Parents are usually observed in separate playroom sessions with the children. Children who are old enough are interviewed separately.

Parents are sometimes asked to discuss some of their concerns with each other near the end of the assessment, to evaluate their ability to plan together for the children. These joint sessions occur only with each parent's consent.

The length of time to complete an assessment depends on the complexity of the case. Each parent can expect to attend 3 to 6 sessions. Sessions may also be arranged with other family members, new spouses, agencies or lawyers. Parents are expected to have retained a lawyer.

Referral Procedure

Referral is typically made after a court order is obtained or on the consent of both parents. There is a $150 (non-refundable) administration fee for each referral payable from each side. The LCAP Brochure explains the process.

A 9-page referral package is available here: LCAP Referral Package . It includes a list of requirements to complete the referral and a parent/guardian questionnaire.

For un-represented parties wishing to learn about the referral process, contact Rebecca Warder for more information.

Fees

A retainer is usually required in the amount of $3,000 from each side plus the non-refundable $150 administration fee. Legal Aid cases require authorization and retainers from non-legally-aided parties. Services are billed at a rate of $200 per hour. Any portion of the retainer remaining at the conclusion of the assessment is returned.

Re-referral Procedure

In the event that the parties and lawyers need an update of an assessment previously performed at LCAP, either by court order or on consent, parties are asked to contact the Centre directly rather than the clinician who performed the original assessment. Contact Rebecca Warder for more information.

Family Mediation Services

Mediation is a voluntary process that involves both parents meeting with an impartial mediator who will assist them in negotiating their own shared parenting arrangements that will be in the best interests of their child(ren). Mediation is confidential, safe and impartial, and parties can withdraw from the process at any time. Parties are advised to obtain legal advice. The retainer required on behalf of each party for 5 hours mediation time is $1000, plus $75 for administrative services per party. The hourly fee for this service is $200. Any surplus retainer is refunded.

Parenting Coordination Service

In Parenting Coordination, our role is to assist in the creation of a parenting plan, monitor compliance, and help resolve disputes with the plan as they arise. A parenting coordinator does not have authority to change custody or a court order related to access. However, this process can help resolve conflicts related to parenting issues raised by either party. Fee for this service is $200 per hour and a retainer of $1,000 is typically required along with a $75 (per party) administration fee. Legal Aid does not currently cover the cost of this service.

In the Middle

IN THE MIDDLE is a one evening program for families who are newly separated or thinking about separation. This community partnership (Merrymount, London Health Sciences Centre - Division of Child and Adult Psychiatry, Centre for Children and Families in the Justice System, Madame Vanier Children's Services, Private Play/Art Therapists, London Middlesex Family Lawyers) is held at Merrymount on the last Tuesday of every month (except July, August and December) from 5:30-7:30 p.m. Through lecture, video and discussion, the program sensitizes parents to the children's experience of divorce and how it varies across developmental stages. A presentation of typical pitfalls and how to avoid them gives parents skills to reduce the negative impact. The children's program, through play, video and brainstorming a group letter to parents, helps to normalize their feelings about family separation and provides a link for the expression of their feelings to parents.

To register, call 519-434-6848.