How Do I Get a Child's Views in a Report for the Court?

Views of the child reports

Under s. 37(1) of the Family Law Act, when the court or the parties are making orders and agreements respecting guardianship, parenting arrangements or contact with a child, the parties and the court must consider the best interests of the child only. Under s. 37(2)(b), the child's views are to be taken into account when assessing the child's best interests.

There are two main ways to get the views of a child before the court, though a views of the child report prepared by an expert, like a social worker, registered clinical counsellor, psychologist or psychiatrist, or a lay views of the child report prepared by someone who isn't a trained mental health professional but does have training in interviewing children, like a Family Justice Counsellor or a lawyer. Other ways of getting the child's views before the court include the child writing a letter to the judge, having an independent lawyer prepare an affidavit for the child or asking the judge to interview the child in his or her office.

Evaluative eeports

Section 211(1)(b) of the Family Law Act allows the court to appoint someone to assess the views of a child in relation to a family law dispute, and to make orders about how the report will be paid for.

When a mental health professional is asked to assess the child's views, the process is more than an interview because the assessor is being asked to give the court an opinion. The assessor may want to meet with the child for two or more interviews, the assessor may speak with the child's parents or other important people in the child's life and the assessor may administer one or more tests to the child. The finished report will present the child's views to the court along with the assessor's evaluation of the strength and consistency of the child's views and the extent to which what the child has said really reflects the child's actually preferences.

Evaluative reports like this are cheaper to get than needs of the child assessments, but will still cost somewhere between $2,500 and $5,000. They can usually be completed in 2 to 3 months.

Non-evaluative reports

Non-evaluative views of the child reports, also called hear the child reports or views of the child letters, can be ordered under ss. 37(2)(b) and 202 of the Family Law Act and are prepared by family justice counsellors, lawyers with special training and mental health professionals.

These reports are different than evaluative reports because they don't evaluate anything, they merely report what the child has told the reporter with no analysis, opinion or commentary. They simply say "I spoke to Brandon and Brandon said..." without any editorializing.

The reports of family justice counsellors are free, but because there is such a demand for these reports and so few family justice counsellors trained to prepare them, there can be a delay of up to six months before the report is available.

The reports of lawyers and mental health professionals can be prepared as quickly as the reporter's calendar allows, sometimes the same day but more typically within a week. The cost of these reports can range from $500 to $3,000, depending on the number of children involve and the reporter's rate. The website of the BC Hear the Child Society lists the society's roster or trained lawyers and mental health professionals and where they practice.

Arranging for the report

The parties can agree that a views of the child report will be prepared, but if they can't agree an application can be made to court for an order that a report be prepared. The order will usually exactly who is being retained to prepare the report and can also specify how the report will be paid for.

Once the report is ordered or agreed upon, either party can get in touch with the person who will be preparing the report. The reporter will tell you what happens next, when the interviewing process will begin and when the completed report will likely be ready. The reporter can also give you some tips on how to explain the interview to your children.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by JP Boyd, March 24, 2013.

JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

A term under the Family Law Act which describes the arrangements for parental responsibilities and parenting time among guardians, made in an order or agreement. "Parenting arrangements" does not include contact. See "contact," "guardian," "parental responsibilities" and "parenting time."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

In law, (1) a lawyer's bill to their client or a statement, or (2) a person's recollection of events.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

To determine the proper value or worth of something. A lawyer's bill may be assessed by a registrar to determine the actual amount the client should pay. See "appraisal."

In law, (1) a lawyer's advice to their client, (2) a lawyer's analysis of a legal problem, or (3) the views of an expert on an issue in an action. See "expert evidence" and "opinion evidence."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant."