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Difference between revisions of "How Do I Get a Child's Views in a Report for the Court?"
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How Do I Get a Child's Views in a Report for the Court? (view source)
Revision as of 19:17, 30 July 2019
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==Views of the child reports== | ==Views of the child reports== | ||
Under | Under section 37(1) of the ''[[Family Law Act]]'', when the court or the parties are making orders or agreements about guardianship, parenting arrangements, or contact with a child, the parties and the court must consider the best interests of the child only. Under section 37(2), this means that all of the child's needs and circumstances must be considered, including the child's views. | ||
The child's views can be presented to the court in a number of ways, including through the parties' evidence, letters the child might write to the court, interviews with the judge, or a lawyer appointed to represent the child. There are plenty of advantages and disadvantages to each. ''Views of the child reports'' are a good alternative. Views of the child reports give children an opportunity to express their views to a neutral person who will listen to them and prepare a written report for their parents and the court. | The child's views can be presented to the court in a number of ways, including through the parties' evidence, letters the child might write to the court, interviews with the judge, or a lawyer appointed to represent the child. There are plenty of advantages and disadvantages to each. ''Views of the child reports'' are a good alternative. Views of the child reports give children an opportunity to express their views to a neutral person who will listen to them and prepare a written report for their parents and the court. | ||
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Views of the child reports are ''non-evaluative'' because they don't offer an assessment or opinion. As a result, they may not be appropriate in cases where an assessment is needed. This might be the case when the parents are concerned about the child's mental health or are worried that the child might be alienated or estranged from a parent. | Views of the child reports are ''non-evaluative'' because they don't offer an assessment or opinion. As a result, they may not be appropriate in cases where an assessment is needed. This might be the case when the parents are concerned about the child's mental health or are worried that the child might be alienated or estranged from a parent. | ||
In cases like this, | In cases like this, section 211(1)(b) of the ''Family Law Act'' allows the court to go a step further and appoint someone to <span class="noglossary">assess</span> the views of a child in relation to a family law dispute, and to make orders about how the report <span class="noglossary">will</span> be paid for. When a mental health professional is asked to ''<span class="noglossary">assess</span>'' the child's views, the professional will do a lot more than simply speak to the child. The assessor may also give the child a test to complete and speak to the child's parents and the other important people in the child's life. | ||
An ''evaluative'' report like this <span class="noglossary">will</span> present the child's views to the court, along with the professional's evaluation of the child's maturity and ability to express herself, the strength and consistency of the child's views, and the extent to which the child's statements really reflect the child's actual preferences. | An ''evaluative'' report like this <span class="noglossary">will</span> present the child's views to the court, along with the professional's evaluation of the child's maturity and ability to express herself, the strength and consistency of the child's views, and the extent to which the child's statements really reflect the child's actual preferences. | ||