Introduction

There is growing recognition of the importance of having children participate in post-separation and divorce decision-making in a manner consistent with the United Nations Convention on the Rights of the Child (UNCRC). Article 12 of the UNCRC gives a child the “right” to be heard, directly or indirectly, through a representative in any administrative or judicial proceeding affecting the child.Footnote 1

In Canada, there are many ways to include children’s voices in family law matters such as through non-court child inclusive methods (e.g., children talking with their parents, children sharing their views with professionals) and court-based child inclusive methods (e.g., child legal representation, parenting assessments, judicial interviews and Voice of the Child Reports). In particular, Voice of the Child Reports (VCRs) – also called Views of the Child Reports or Hear the Child Reports – are being increasingly used in a number of Canadian provinces and territories as a primary means of obtaining the child’s perspective in parenting disputes between parents and/or guardians. These reports provide information about the child’s perspective on their lives and the matters in dispute based on one or more interviews with a professional. They have become an important addition in dispute resolution given the changes to the Divorce Act⁠Footnote 2 that highlight the obligations and responsibilities for children to be heard in family dispute matters.

This report highlights some key findings on the different ways that children can be heard across Canada, with particular emphasis on the use of VCRs.