How a Child's Views Are Considered in Ontario Family Court

One of the most common questions parents ask when separating is: "Will my child get to say what they want?" The answer in Ontario is nuanced. A child's views in Ontario family court are a meaningful factor — but they are not a veto, and they are rarely gathered by asking the child to testify. Understanding how this works protects both your child and your case.

The Legal Framework

Both the Divorce Act (federal) and Ontario's Children's Law Reform Act direct decision-makers to consider the child's views and preferences, giving them weight that is appropriate to the child's age and maturity.

This means:

• A five-year-old's preference for the parent with the dog is noted, but carries limited weight.
• A fourteen-year-old's considered, consistent preference for where they primarily live is a significant factor — though still not determinative.
• No child, at any age, has the unilateral right to choose which parent they live with.

The key phrase is "age and maturity." A twelve-year-old who is emotionally mature and thoughtful will be treated differently from a twelve-year-old who clearly articulates the other parent's talking points rather than their own genuine views.

Why Courts Don't Simply Ask the Child

Family courts are acutely aware of the harm caused by involving children directly in parental disputes. A child placed in the middle — asked to choose, or aware that their words will be used against a parent — experiences loyalty conflict, anxiety, and sometimes lasting emotional damage.

For this reason, Ontario courts have developed mechanisms for learning about a child's views without requiring the child to testify in open court or be present at hearings. These include:

The Office of the Children's Lawyer (OCL)

The Office of the Children's Lawyer is an Ontario government office that represents children's interests in family proceedings. The OCL can be involved in two ways:

1. Legal Representation

A lawyer from the OCL (or from the OCL's panel) is appointed to represent the child directly. The lawyer meets with the child, takes instructions, and advocates for the child's position in court — the same as any party's lawyer. The child's stated wishes are presented through their lawyer.

This is most common in high-conflict cases involving older, mature children with a clear, consistent view they want expressed.

2. Clinical Investigation

A clinical investigator (social worker or psychologist) from the OCL is assigned to assess the family situation. They interview the child, interview each parent, observe parent-child interactions, and prepare a report with recommendations. The report addresses the child's views but also the child's broader needs and best interests.

The OCL is not automatically involved in every case — a judge must request their involvement (or a party can ask the court to do so).

Section 30 Assessments

Under the Children's Law Reform Act, a court can order a parenting assessment (often called a "Section 30 assessment") conducted by a mental health professional — a psychologist, social worker, or psychiatrist — who interviews the child and each parent, observes interactions, and prepares a report with recommendations.

The assessor's report will typically include a summary of the child's views and how those views factor into the recommendations. Assessors are trained to distinguish between genuine, spontaneous preferences and coached or pressured positions.

The Voice of the Child Report

In appropriate cases — particularly where the court simply needs to hear the child's perspective on a relatively contained issue — a Voice of the Child Report may be ordered. This is a less formal and less costly process than a full Section 30 assessment. A professional meets with the child and prepares a brief report focused specifically on the child's expressed views, without the broader assessment component.

What Influences How Much Weight a Child's View Receives?

Courts consider several factors in deciding how much weight to give to a child's expressed preference:

• Consistency: Does the child express the same preference across different settings and over time, or does it change depending on who they are with?
• Independence: Is the preference spontaneous and the child's own, or does it appear to echo one parent's views? Courts are attuned to parental coaching.
• Understanding: Does the child appear to understand the implications of their preference?
• Reasons: A child who can articulate thoughtful, child-centred reasons (closeness to friends, school, a particular parent's involvement in activities) is taken more seriously than one who gives superficial reasons.
• Age and maturity: Older and more emotionally mature children receive more weight.

What Parents Should (and Should Not) Do

Do:

• Reassure your child that the adults will make decisions and they do not need to worry about choosing.
• Keep parenting proceedings out of earshot and sight of the children.
• Support your child's relationship with the other parent, even when the proceedings are difficult.

Do not:

• Ask your child to tell you what they told the OCL lawyer, social worker, or assessor.
• Tell your child what to say to professionals involved in the case.
• Use the child as a messenger between parents.
• Suggest to the child that their views will "make" the court decide a certain way.

Courts are experienced at identifying when a child's expressed preference reflects parental influence. A parent found to be coaching a child loses credibility — and may lose standing in the proceeding.

Frequently asked questions