A Child’s Choice: The Role of Third Parties in Determining a Child’s Views and Preferences

• 
  Katrina Wiegers
  Lawyer

This week in the Child’s Choice series we discuss the role of independent third parties. Of course, the topic discussed last week – age and maturity – plays a role in whether a third party assessment is warranted but these reports bring forward their own considerations. The most common third party tool is called the Voice of the Child Report (VOCR), which allows children to express their views and preferences about their living arrangements and other important decisions. This report is prepared by an objective third-party assessor and provides an efficient way for the child’s perspective to be heard in a legal setting. 

What Exactly is a VOCR? 

A VOCR is a written document in which a child’s views and preferences are collected and presented to the court. It provides an opportunity for the child to be heard in a non-biased manner, helping the court understand their perspective. The report is generally prepared by a professional, such as a child psychologist or family mediator, who meets with the child in a safe, supportive environment. This method can be more cost-effective and time-efficient compared to other forms of reports, like section 30 parenting assessments. 

How is a VOCR Used? 

Courts use the VOCR as a tool to help them make decisions that prioritize the child’s best interests. The report is particularly useful in cases involving relatively clear issues and where the dispute does not involve high conflict or risk. It can provide a more accurate picture of the child’s preferences than may be presented by the parents, especially in cases where communication is difficult. 

However, the weight the court gives to the VOCR depends on several factors, as determined by case law. These factors include the child’s age, maturity, clarity of preference, and the practicality of the child’s wishes. Courts also consider the consistency of the child’s expressed views over time, as well as the influence of parents or other parties on the child’s preferences. The overall context of the child’s circumstances is also crucial. 

Caselaw Examples 

For example, in M.C. v S.L. (2021), a high-conflict case involving an 11-year-old child named D, the court used the VOCR to understand D’s preference for a “week-about arrangement” for parenting time. Despite the high level of conflict between the parents, the court found that D’s wishes should be honored, as the report offered the only independent evidence of his preferences. The judge determined that a shared parenting schedule was in D’s best interest and could be implemented without issue.  

Conversely, in Schmidt v. Amy (2021), the court considered the views of a 13-year-old child. However, the report had been based on virtual interviews conducted only one day apart, following a long period of conflict between the parents. The court was concerned that the child’s views had not been consistent over time, and it was unclear whether her preferences had been influenced by external pressures. As a result, the court decided not to change the existing parenting arrangement based on the report. 

The Voice of the Child Report is a valuable tool in helping courts determine the best interests of a child in family disputes. By giving children a platform to express their views, it helps ensure that their preferences are considered in the decision-making process. However, courts must carefully evaluate the context and reliability of the report before making any changes to parenting time arrangements. Ultimately, the goal is to make decisions that support the child’s well-being and foster a stable and positive environment. If you or someone you know is struggling with the complexities of co parenting consulting with a knowledgeable family lawyer, like those at McKenzie Lake Lawyers, can help you navigate the complexities and advocate for your children. 

This article was written by Family Law Lawyer, Katrina Wiegers.

If you require assistance with any Family Law matter, speak to a Family Lawyer at McKenzie Lake Lawyers LLP by calling (519) 672-5666.