When Parenting Disputes Require an Independent Expert: Practice Note 8 Child Custody / Parenting Evaluations

In the context of divorce or separation, parenting disputes are among the most emotionally charged issues that come before the courts. When families reach an impasse on parenting, where no agreement is in sight, and other interventions may not have resolved the conflict, the Court of King’s Bench will sometimes utilize a tool known as the Practice Note 8 Child Custody/Parenting evaluation (“PN8”).

What is a Practice Note 8 Evaluation?

A Practice Note 8 evaluation is a comprehensive, independent assessment of a family conducted by a qualified psychologist, referred to as a Parenting Expert. The Parenting Expert is engaged and is accepted by the Court as an expert in parenting arrangements, parenting responsibilities, and decision-making.

Unlike the targeted interventions available under a Practice Note 7 intervention, a PN8 is a full-scope inquiry into your family’s dynamics. The purpose of PN8 evaluations is to give the Court an objective, evidence-based foundation for making a final determination on parenting and decision-making arrangements in the best interests of the children.

When Does a PN8 Evaluation Apply?

A PN8 is not a first step to resolving parenting issues. Rather, it is a more extreme measure taken when there is ongoing conflict around parenting decisions. PN8s are appropriate in situations where:

• The family is at an impasse on parenting issues and cannot reach agreement; and
• Either a Practice Note 7 Intervention has not resolved those issues, or a PN7 Intervention is not appropriate in the circumstances.¹

A PN8 is generally intended to assist with final determinations on parenting. It is not typically used to inform interim orders on parenting, except in extraordinary circumstances.

Who Conducts the PN8 Evaluation?

The Parenting Expert who is engaged by the parties to a family law matter in a PN8 process is a Court-appointed expert, not an advocate for either party. Instead, this Parenting Expert’s role is to act as a friend of the Court. They are required to provide an independent report to guide and assist the Court in making its decision on parenting.

It is important to note that a Parenting Expert who has conducted any form of Practice Note 7 Intervention for a family cannot conduct the PN8 evaluation for the same family. In those cases, a different, neutral Parenting Expert must be engaged. If your matter has already involved a PN7 process, a different Parenting Expert will be retained for the PN8.²

What Does the PN8 Process Involve?

Where both parties are represented and agree on a PN8, counsel schedules a brief telephone or video conference with the proposed Parenting Expert before the order is made. That conference is used to confirm the PN8 evaluation is the right mechanism and to discuss the retainer and service agreement. A Consent Order can then be filed with the Court, granting the Parenting Expert the right to act in a specific capacity.

While the specific process varies between Parenting Experts and will be tailored to the needs of the family, a PN8 is comprehensive in scope. It typically includes:

• Home visits and observations of each parent’s home and their interactions with the children;
• Individual interviews with each parent;
• Joint interviews of each parent with the children;
• Separate interviews with the children (depending on their ages);
• Psychological testing of the parties, where appropriate;
• Document review, including court filings, prior professional reports, and, when ordered by the Court, Alberta Child and Family Services records and police files; and
• Interviews with collateral witnesses, such as counsellors, teachers, medical service providers, social workers, and personal contacts, including new partners or grandparents.

Each party may be permitted to provide the names of approximately three personal collateral witnesses for the Parenting Expert to consider speaking with.

The Parenting Expert has broad authority to gather information and may seek direction from the Court where third-party records are needed or if a party fails to cooperate. Importantly, all relevant third parties, including teachers, school authorities, therapists, visit supervisors, and others, may be authorized to speak with and provide information to the Parenting Expert if it may be helpful in the matter.

While the PN8 evaluation is ongoing, neither counsel nor the parties may communicate unilaterally with the Parenting Expert unless directed to do so by the Court or by the Parenting Expert. Applications and previously scheduled court steps are stayed while the PN8 evaluation is ongoing, unless the Court grants leave.

On completion of the PN8 evaluation, the Parenting Expert prepares a written report containing their qualifications, the information reviewed and assumptions made, a list of all persons interviewed or observed, and a summary of their observations and opinions. The report will also contain a set of tailored parenting recommendations.

Access to the PN8 report itself is strictly restricted. The parties themselves are not permitted to receive a copy of the full report. Parties represented by counsel may review the full report at their lawyer’s office under supervision, without phones or electronic devices. Self-represented parties may arrange to review the report at the courthouse in the presence of a Clerk.

The children must not see or receive any portion of the report, and the parties are prohibited from discussing the report or the Parenting Expert’s recommendations with the children.

Cost of a PN8

The Court will only order a PN8 if the parties can afford it, or if the party seeking the PN8 is able to pay the full cost upfront, with the right to seek a contribution from the other party at the conclusion of the process.

PN8 evaluations are a significant financial commitment. Each Parenting Expert has different fees required for their work in the process. This is one of several reasons why earlier resolution whether through negotiation, mediation, or a PN7 process, is worth pursuing before reaching the stage of requiring a PN8.

Conclusion

A PN8 evaluation is a serious, court-supervised process designed for cases where parenting disputes cannot be resolved through less intensive means. PN8s are often expensive, time-consuming, and involves significant scrutiny of both parents. For many families, the PN8 report’s recommendations become the most influential factor in the final parenting decision. The Court puts significant weight on these recommendations and strongly considers them in making
determinations on parenting.

If your matter is approaching this stage, it is important to understand what the process involves, what is expected of you as a party, and how to engage with it effectively. Early legal advice, and where possible, resolution before reaching a PN8, ensures the best possible outcome for your children and your family.

¹ https://albertacourts.ca/docs/default-source/qb/2026-family-practice-note-8—final.pdf

² A roster of psychologists who conduct Child Custody/Parenting Evaluations in Alberta is maintained by the AFCC Alberta Chapter at afccalberta.com.