In the midst of custody disputes, parents often wonder if and when their child’s wishes will be considered in the Court’s determination of parenting issues. Depending on the circumstances, our team of family lawyers may advise clients to have a Voice of the Child Report completed by a mental health professional who is trained to complete these assessments. These assessments are typically ordered by the Court, when one or both parties request the completion of the assessment. In the event both parties do not consent to the assessment being completed, a Motion can be heard before the presiding Justice to have it ordered. In determining whether or not to order the assessment, the Justice will consider the child’s best interest and if the report is necessary to provide further information to the Court regarding the child’s circumstances.
While there is no precise age when a child can participate in a Voice of the Child assessment, the Court is more likely to order an assessment when the child is twelve or older. In addition to the child’s age, the Court will consider the child’s maturity level, mental health, and ability to understand what is being asked of them. The Court will also consider the emotional toll the assessment may have on the child, as they may feel as though they are being placed in the middle of the parental conflict. The child can also refuse to participate in the assessment.
Determining the best interest of the child in family law disputes
In the event a Voice of the Child Report is ordered by the Court, a list of possible assessors is sent to the parties. The parties have the opportunity to select their top three choices of assessors. If the selections match up, the parties will usually get the chosen assessor, so long as they are available. If the selections do not match up, or the parties fail to provide a response to the selection survey, the Court will choose an assessor for the parties.
Mental health professionals are outsourced to complete these assessments and require payment for their services. The cost of the assessment can vary and is based on a sliding scale, dependent on the parties’ respective incomes. The Court calculates the contribution each party must make toward the cost of the assessment based on the financial disclosure filed with the Court.
While Voice of the Child Reports can provide the Court with invaluable information directly from the child, this is only one factor considered in the ultimate “best interest” analysis. The Court will typically take the child’s wishes into account; however, in the event their wishes conflict with their overall best interest, the Court will rule in favour of the child’s best interest. For more information about how we can help you with your family law case, contact us today or complete the form below and we’ll be in touch.
