“I have endeavoured to provide this non-exhaustive list of criteria which might assist a judge in deciding whether to order an assessment [under section 30 of the CLRA]:
(a) What was the parenting relationship like before separation? Did the parents function at least adequately before the separation and the dysfunction arose after the separation?
(b) Are the parents unable to make any decision about the child’s needs (including education, religion, health, and activities) without intervention by a court?
(c) Without defining “high conflict”, is the relationship between the parents so unhealthy that one or both parents is/are unable to identify the best interests of the child and act on it?
(d) Do the parents have a mutual disregard for the other parent’s ability to parent?
(e) Do the parents blame each other for the dysfunction each describes?
(f) Is there a clinical diagnosis that might impact on the parenting capacity of one or both parents?
(g) Is there a clinical diagnosis with respect to any of the children in the family unit that means the child is fragile and vulnerable to ongoing conflict and has special needs?
(h) What is the age of the child at separation and at the time of the request for the assessment?
(i) Is the child manifesting behaviour that might be associated with stress caused by the conflict between the parents?
(j) Is there an alternative? For example, is the child of an age and maturity that his or her views should be known and if so, would it be more appropriate to ask the OCL to become involved and appoint a lawyer to act for the child?
(k) Are there other challenges in the family such as whether the family home must be sold? If those challenges are resolved, will the family dynamic be improved and avoid the necessity of an assessment?
(l) What is the basis upon which the moving party relies? Is it essentially a mobility case on which the court must hear evidence? Is the issue custody or access?
(m) What is the estimated cost? Do the parents have the financial resources to pay that cost?
(n) Will the assessment cause delay that is not in the best interests of the child? In considering the impact of delay, is it more likely than not that the delay necessarily involved in an assessment will enable the parents to have a better understanding of the family dynamic and arrive at a resolution without a trial?
(o) Is an assessment in the best interests of the child?”