How Is a Child's Voice Heard in British Columbia Family Court?
This answer covers the law of British Columbia.
A child's views are one factor the judge weighs, not a choice the child has to make. The Act sets no age at which a child chooses; the views are considered unless inappropriate to consider them, and are weighed with the other factors and the child's best interests.
In a Part 4 proceeding, a court can appoint a family justice counsellor, social worker or other court-approved person to assess the child's needs, the child's views, or a party's ability and willingness to meet the child's needs. The report goes to the court and, unless the court orders otherwise, each party, and fees may be allocated to a party. A views of the child report conveys the child's views without recommendations on the family law issues, so it is distinct from that kind of report.
A court may appoint a lawyer for the child if conflict between the parties significantly impairs their capacity to act in the child's best interests and the appointment is necessary to protect those interests, and it may allocate the lawyer's fees among the parties. A court may also admit reliable hearsay evidence from an absent child or give other directions about how the child's evidence is received.
Key takeaways
- The Act sets no age at which a child chooses; the child's views are one factor, considered unless it would be inappropriate.
- A court can appoint a person to assess the child's needs, the child's views, or a party's ability and willingness to meet the child's needs, and the report goes to the court and, unless ordered otherwise, each party.
- A views of the child report conveys the child's views without recommendations on the family law issues.
- A court may appoint a lawyer for the child only if conflict significantly impairs the parties' capacity to act in the child's best interests and the appointment is necessary.