Voice of the Child Report

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.

Family Lawyers Discuss the Voice of the Child Report

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.