The VOC is child focused and when properly conducted, alert to the impact the Both the Divorce Act (s.16(3)(e)) and Ontario’s Children’s Law Reform Act (s. 24(3)(e)) emphasize the importance of considering a child’s views and preferences, in accordance with their age and maturity, when determining their best interests. These provisions underscore that children have a right to be heard in matters that directly impact their lives including being active participants in family proceedings
What is a Voice of the Child Report?
A Voice of the Child Report is a professional assessment prepared by an individual who has conducted interviews with the child or children involved in a family law case. The primary goal of the report is to ensure that the child’s voice is heard and factored into the decision-making process. It helps to gauge what the child wants and how they feel about the arrangements being considered. This report is particularly valuable in cases where parents are unable to agree on decision making responsibility and access arrangements and can provide a balanced perspective on what might be in the child’s best interests.
Purpose and Importance
The importance of VOC reports cannot be overstated. They serve several key purposes:
- Child-Centered Decision Making: Canada recognizes the right of children to participate in important decisions that affect their lives in United Nations Convention on the Rights of the Child Article 12. VOC reports ensure that the child’s preferences and feelings are central to the resolution of decision making responsibility and access disputes. This aligns with the overarching principle in family law that the best interests of the child should guide all decisions.
- Professional Insight: The reports are prepared by trained professionals, often social workers or psychologists, who can provide an objective assessment of the child’s views. This professional input can help the court understand the nuances of the child’s perspective.
- Conflict Reduction: By giving children a platform to express their views, VOC reports can sometimes reduce conflict between parents. When parents understand their child’s genuine feelings and preferences, it can lead to more amicable agreements.
How VOC Reports Are Used
VOC reports can be requested from either the Office of the Children’s Lawyer (OCL) or private clinicians. The process typically involves:
- Requesting the Report: Either party can request a VOC report, or a judge can order one. The OCL needs a judge’s request to consider providing their services in a family law case.
- Conducting Interviews: Typically, the professional conducting the VOC report will arrange for the child to participate in two interviews scheduled on separate days. Each party is responsible for making their own arrangements with the clinician to schedule an interview. These interviews are designed to be child-focused and are conducted in a manner that ensures the child feels safe and understood. It is important that the child understands that none of the information gathered in the interviews will be kept confidential as the purpose of the report is for the views expressed to be shared.
- Preparing the Report: The final report will include details about how the interviews were conducted, the information used to prepare the report, and any other relevant observations. The report aims to provide a comprehensive view of the child’s feelings and preferences without causing additional stress or conflict.
Key Components of VOC Reports
A well-prepared VOC report typically includes:
- Interview Details: Information about the circumstances of the interviews, including the setting and the methods used to facilitate open communication.
- Child’s Views: A clear presentation of the child’s views and preferences regarding their living arrangements and contact with each parent.
- Contextual Information: Any additional information that might influence the child’s views, such as their relationship with each parent, their adjustment to current living arrangements, and their emotional and psychological well-being.
Conclusion
Voice of the Child Reports play a vital role in family law by ensuring that children’s voices are not only heard but are a central part of the decision-making process. They provide a structured, professional way to understand children’s perspectives, ultimately supporting decisions that serve the best interests of the child. For parents and legal professionals alike, recognizing the importance of these reports can lead to more informed and compassionate outcomes in family law cases.
By incorporating VOC reports into family law proceedings, we take a significant step toward making the legal process more responsive to the needs and rights of children, ensuring their voices are respected and their best interests are upheld.
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This blog post draws on information from “A Guide to Family Cases (SCJ) October 2023” to provide a comprehensive overview of Voice of the Child Reports in family law case.
Our Family Law Now Virtual Event Series will also be hosting an event on Voice of the Child on February 12, 2025. Register Now.