Voice Of The Child Reports

Voice of the Child Reports ("VOC reports") are a relatively recent development in the growing trend to recognize and incorporate children's voices into matters that affect them.[1]

This blog paper will answer four key questions about VOC reports.

1. What are Voice of the Child Reports?

   It can be challenging for children to express their views in court proceedings without being exposed to trauma or causing damage to the family. Children remain part of the family long after a judicial decision is reached. The process of determining a child's true wishes and preferences requires care, for to undertake the process without expertise may further hurt the child and fracture family relationships.[2]

   Paragraph 24(2)(b) of the Children's Law Reform Act provides that, in determining the best interest of the child, a court shall consider all of the child's needs and circumstances, including "the child's views and preferences, if they can be reasonably ascertained." In respect of applications for custody, and access, subsection 64(1) of the Children's Law Reform Act states:

   Child entitled to be heard

   64(1) In considering an application under this Part, a court where possible shall take into consideration the views and preferences of the child to the extent that the child is able to express them.

   Justice Christie describes the importance of finding a way for children to express their views without exposure to further trauma in Flood v. Flood[3]:

   Courts, administrative authorities and legislative bodies have a duty to recognize, advance and protect their interests. When children are the subject of a custody dispute or child protection proceedings, they are at their most vulnerable...

   A VOC report is not a full assessment. It is a report on what the child states as his or her views and preferences, usually based on two interviews brought separately by each parent. There is no assessment of, or recommendation made about, the child's best interest. The reports are usually prepared by mental health professionals, but lawyers may also prepare the reports. It is common practice (but not universal) for the child to be offered confidentiality and an opportunity to review the VOC report.[4] Children also may be provided the opportunity to consent to the release of the VOC report.[5]

   VOC reports are cost-effective, child-focused reports that record a child's views and preferences for the court in a far simpler and quicker way than a full assessment report.

   Justice...