On Friday, April 4, 2025, Spunt Carin had the pleasure of hosting a renowned child psychologist practicing in Montreal for over 30 years, who shared valuable insight on the process of a private psychosocial expertise and her work in the field.
In cases where children are involved in legal proceedings, such as divorce or custody, a court may order a psychosocial expertise to ensure the child’s well-being and best interests are prioritized. The parties or the judge may call on an expert to give their opinion and recommendations with respect to the child’s needs in the form of a report.
She discussed the key steps involved in the psychosocial expertise process:
- Agreement: Both parents must consent to the process and the associated fees for the psychosocial expertise;
- Document Collection: Parents provide essential documents, including judgments, affidavits and exhibits;
- Communication with Parents: She emphasized the importance of clear communication with both parents to explain the process and schedule necessary appointments.
Over the course of approximately 3 to 4 sessions, she explained that she performs an initial psychological intake, reviews the parents’ history, assesses the parents’ parental capacity and conducts personality testing. She takes the time to meet with the children—preferably in their homes if they are young—as well as any new partners in the parents’ lives, if applicable. Additionally, she may meet with other important adults or stepsiblings involved in the children’s lives to gain a comprehensive understanding of the family dynamics.
The psychologist will also contact any mental health professionals working with the parents or the children, the school where the children attend, and any other relevant people in the lives of the family.
She explained that one potential pitfall in the psychosocial expertise process is the age of the children involved. In Quebec, the age of consent for medical care is 14 years old, meaning a child who is 14 or older has the right to refuse participation in the psychosocial assessment. For children under the age of 14, parental consent is required.
At the conclusion of her evaluation, she will write a detailed report with her recommendations. As a licensed psychologist, she is qualified to make diagnoses, if applicable. It’s important to note that while the expert’s opinion is taken into consideration, the judge has the discretion to determine how much weight to give to the report. However, if a judge chooses not to follow the expert’s recommendations, they are required to provide a justification for their decision. Potential justifications for not following an expert’s recommendations may include concerns about the expert’s professional experience in the field, possible bias in the report toward one of the parties, doubts about the thoroughness of the information gathering, or changes in circumstances that make the report no longer relevant.
In conclusion, the process of psychosocial expertise plays a crucial role in ensuring that the best interests of children are considered in legal proceedings, particularly in cases involving custody or divorce. Her insights shed light on the detailed and careful approach required to assess both parents and children, considering their emotional, psychological, and social well-being. Ultimately, the goal of the psychosocial expertise is to support the court in making informed decisions that prioritize the child’s well-being.
