5,310
edits
Changes
→Views of the child reports
===Views of the child reports===
Section 37(2)(b) of the ''[http://canlii.ca/t/52cd2 Family Law Act]'' requires the parents and the court to consider the views of the childwhen making decisions about what is in their best interests. Section 202 allows the court to decide ''how'' the child’s views are will be heard and presented.
The views of a child's views can be presented to the court in a number of ways, including through the parties' evidence, letters the child might write to the court, or interviews with either the judge or a lawyer appointed to represent the child. There are plenty of advantages and disadvantages to each. Views of the child reports are a good alternative. Views of the child reports give children an opportunity to express their views to a neutral person who will listen to them and prepare a written report for their parents and the court.:
#the parties' evidence, #letters the child might write to a mediator, an arbitrator or the court, #a lawyer appointed to represent the child, and#an interview with the mediator, the arbitrator or the judge. There are plenty of advantages and disadvantages to each. Hearing what children have to say though the parties is cheap, but parties often disagree about what the children have said. Letters from children are also cheap, but it's hard to know why the children decided to write the letter and whether a party told the child what to put in their letter. Lawyers for children can play an important role in presenting the children's views in an arbitration or in court, but they charge for their services. Interviews with the mediator or a decision-maker can be inexpensive, but not all mediators, arbitrators or judges are comfortable speaking to children. Views of the child reports are a good alternative. Views of the child reports give children an opportunity to express their views to a neutral person who listens to them, and then prepares a written report for their parents, the mediator, the arbitrator or the judge. Because they are brief and don't require the interviewer to conduct an assessment or express an opinion, they can be produced quickly, sometimes the same day, and are relatively inexpensive. These reports are prepared by trained, neutral professionals: , usually a mental health professional, lawyer, mediator, or someone else with special training. The professional interviewer will interview speak to the child, sometimes more than once, and then write a report summarizing what the child has said, using and agreed that the child's own words as much as possibleinterviewer may repeat in their report. These reports are different than other reports because all they talk about is what the child has said, and they don't provide told the professional's assessment of the child's best interests, or even an opinion about what the child has said. They simply repeat the child's statements to the professionalinterviewer.
For information on to how get a views of the child report, see [[How Do I Get a Views of the Child Report?]]. It's located in the ''How Do I?'' part of this resource, in the section ''Other Litigation Issues''.
====Family justice counsellors====
Family justice counsellors can prepare views of the child reports for 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 or more before the report is availablefinished. ====Psychologists, counsellors and social workers==== The reports of mental health professionals can be prepared as quickly as the professional's calendar allows, sometimes the same day, but more typically within one to four weeks. The cost of these reports can range from $500 to $2,500, depending on the number of children involved and the professional's hourly rate. The website of the [http://hearthechild.ca BC Hear the Child Society] has a list of some of the professionals in British Columbia who are trained to prepare views of the child reports, and where those professionals work. There are other professionals in the province who are trained to prepare these reports but not on the society's list.
====Psychologists and counsellorsLawyers====
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 hourly rate. The website of the BC Hear the Child Society lists the society's roster of trained lawyers and mental health professionals and where they practice.