The focus of the Supreme Court (Family Division) in matters involving children will always be, “What is in the child’s best interests?” It is generally accepted that it is not in the child’s best interests to testify in matters involving their parents. As such, it is extremely rare for children to be called as witnesses.

This presents a unique challenge to the Court, and to parents, when a child is old enough, or mature enough, to tell their preferences in parenting arrangements or on parenting issues. Under both the Divorce Act and the Parenting and Support Act, the child’s views and preferences can be a consideration in determining their best interests. So how has the Court adapted to this unique challenge?

There is a process available through litigation known as a “Voice of the Child Report.” When conducted, a third-party professional will interview the child and will advance their views and preferences in a written report to be filed with the Court. This allows the professional to be called as a witness instead of the child.

When Should a Voice of the Child Report Be Ordered?

A Voice of the Child Report is not a mandatory step to take, and is is not automatic. Parents may disagree as to whether one should be ordered for a variety of reasons – maybe the child, although older, is not as mature as their age, maybe the child has been coached or is the subject of parental alienation (link to blog on parental alienation). In cases where parents disagree as to whether a Voice of the Child Report should be ordered, the presiding justice will need to make that determination based on a variety of factors and considerations. These can include, but are not limited to:

1. The nature of the contentious issues

2. The age and stage of development of the child

3. Maturity of the child

4. Whether the views can be reliably ascertained

E.P. v. S. P., 2016 NSSC 173, para 27

A Voice of the Child Report can be helpful in litigation, but they are not always appropriate in the circumstances. Our lawyers at Lenehan Musgrave can assist you in determining whether this is something that would be of help to your case, and whether or not it would be reasonable to pursue one. Contact us today at (902) 466-2200 or submit the form below to book your family law consultation.