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Difference between revisions of "How Do I Get a Child's Views in a Report for the Court?"
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How Do I Get a Child's Views in a Report for the Court? (view source)
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{{JP Boyd on Family Law How Do I TOC|expanded=other}} | {{JP Boyd on Family Law How Do I TOC|expanded=other}} | ||
==Views of the child reports== | ==Views of the child reports== | ||
Under s. 37(1) of the ''[[Family Law Act]]'', when the court or the parties are making orders and agreements | Under s. 37(1) of the ''[[Family Law Act]]'', when the court or the parties are making orders and agreements about guardianship, parenting arrangements, or contact with a child, the parties and the court must consider the best interests of the child only. Under s. 37(2)(b), the child's views are to be taken into <span class="noglossary">account</span> when assessing the child's best interests. | ||
There are two main ways to get the views of a child before the court: | There are two main ways to get the views of a child before the court: | ||
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Section 211(1)(b) of the ''Family Law Act'' allows the court to appoint someone to <span class="noglossary">assess</span> the views of a child in relation to a family law dispute, and to make orders about how the report <span class="noglossary">will</span> be paid for. | Section 211(1)(b) of the ''Family Law Act'' allows the court to appoint someone to <span class="noglossary">assess</span> the views of a child in relation to a family law dispute, and to make orders about how the report <span class="noglossary">will</span> be paid for. | ||
When a mental health professional is asked to ''<span class="noglossary">assess</span>'' the child's views, the process is more than an interview because the assessor is being asked to give the court an opinion. The assessor may want to meet with the child for two or more interviews | When a mental health professional is asked to ''<span class="noglossary">assess</span>'' the child's views, the process is more than an interview because the assessor is being asked to give the court an opinion. The assessor may want to meet with the child for two or more interviews; the assessor may speak with the child's parents or other important people in the child's life; and, the assessor may administer one or more tests to the child. | ||
The finished report <span class="noglossary">will</span> present the child's views to the court along with the assessor's evaluation of the strength and consistency of the child's views and the extent to which what the child has said really reflects the child's actual preferences. | |||
Evaluative reports like this are cheaper to get than needs of the child assessments, but <span class="noglossary">will</span> still cost somewhere between $2,500 and $5,000. They can usually be completed in two to three months. | Evaluative reports like this are cheaper to get than needs of the child assessments, but <span class="noglossary">will</span> still cost somewhere between $2,500 and $5,000. They can usually be completed in two to three months. | ||
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==Non-evaluative reports== | ==Non-evaluative reports== | ||
Non-evaluative views of the child reports, also called ''hear the child reports'' or ''views of the child letters'', can be ordered under ss. 37(2)(b) and 202 of the ''Family Law Act'' and are prepared by family justice counsellors, lawyers with special training and mental health professionals. | Non-evaluative views of the child reports, also called ''hear the child reports'' or ''views of the child letters'', can be ordered under ss. 37(2)(b) and 202 of the ''Family Law Act'' and are prepared by family justice counsellors, lawyers with special training, and mental health professionals. | ||
These reports are different than evaluative reports because they don't ''evaluate'' anything | These reports are different than evaluative reports because they don't ''evaluate'' anything; they merely report what the child has told the reporter with no analysis, opinion or commentary. They simply say "I spoke to Brandon and Brandon said..." without any editorializing. | ||
The reports of family justice counsellors are free, but because there is such a demand for these reports and so few family justice counsellors trained to prepare them, there can be a delay of up to six months before the report is available. | The reports of family justice counsellors are free, but because there is such a demand for these reports and so few family justice counsellors trained to prepare them, there can be a delay of up to six months before the report is available. | ||
The reports of lawyers and mental health professionals can be prepared as quickly as the reporter's calendar allows, sometimes the same day but more typically within a week. The cost of these reports can range from $500 to $3,000, depending on the number of children involved and the reporter's rate. The website of the [http://hearthechild.ca BC Hear the Child Society] lists the society's roster of trained lawyers and mental health professionals and where they | The reports of lawyers and mental health professionals can be prepared as quickly as the reporter's calendar allows, sometimes the same day but more typically within a week. The cost of these reports can range from $500 to $3,000, depending on the number of children involved and the reporter's rate. The website of the [http://hearthechild.ca BC Hear the Child Society] lists the society's roster of trained lawyers and mental health professionals and where they practise. | ||
==Arranging for the report== | ==Arranging for the report== | ||
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The parties can agree that a views of the child report <span class="noglossary">will</span> be prepared, but if they can't agree, an application can be made to court for an order that a report be prepared. The order <span class="noglossary">will</span> usually specify exactly who is being retained to prepare the report and can also specify how the report <span class="noglossary">will</span> be paid for. | The parties can agree that a views of the child report <span class="noglossary">will</span> be prepared, but if they can't agree, an application can be made to court for an order that a report be prepared. The order <span class="noglossary">will</span> usually specify exactly who is being retained to prepare the report and can also specify how the report <span class="noglossary">will</span> be paid for. | ||
Once the report is ordered or agreed upon, either party can get in touch with the person who <span class="noglossary">will</span> be preparing the report. The reporter <span class="noglossary">will</span> tell you what happens next, when the interviewing process <span class="noglossary">will</span> begin and when the completed report <span class="noglossary">will</span> likely be ready. The reporter can also give you some tips on how to explain the interview to your children. | Once the report is ordered or agreed upon, either party can get in touch with the person who <span class="noglossary">will</span> be preparing the report. The reporter <span class="noglossary">will</span> tell you what happens next, when the interviewing process <span class="noglossary">will</span> begin, and when the completed report <span class="noglossary">will</span> likely be ready. The reporter can also give you some tips on how to explain the interview to your children. | ||
You can find more information about views of the child reports in the chapter [[Children in Family Law Matters]]. | |||
{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | {{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
[[Category:How Do I?|G]] | [[Category:How Do I?|G]] | ||
[[Category:Other Family Litigation Issues]] | [[Category:Other Family Litigation Issues]] | ||
{{Creative Commons for JP Boyd}} | |||
