Author: admin_htc
Children’s Participation in Justice Processes: Finding the Best Ways Forward
December, 2017 Children’s Participation in Justice Processes: Finding the Best Ways Forward was a two-day national symposium that brought together a multidisciplinary spectrum of leading stakeholders to share information and dialogue about how the voices of children and youth are heard, how their interests are protected and how their evidence is received in justice processes. The symposium,
T.J.G. v. A.D.G., 2017 BCSC 1511
Madam Justice Young referred to the M.P.D. decision and found that a Hear the Child report can be ordered pursuant to s. 202 of the Family Law Act. Madam Justice Young held that the threshold for ordering that a report under s. 211 was low, by implication indicating that …
Child Inclusive Mediation: Research on Views of the Child Reports in Ontario
February 2017 There is a growing awareness of the importance of offering children an opportunity to participate in family dispute resolution processes, including mediation. There are several different ways to involve children in mediation . . . While there is no single “best way” to include the child in mediation, we conclude that Views of … Continue reading Child Inclusive Mediation: Research on Views of the Child Reports in Ontario
M.P.D. v. C.R.D., 2017 BCSC 397
The judge discussed the legislative authority for ordering a Hear the Child report, noting that s. 211 of the Family Law Act does not envision a simple interview of the children without assessment. As sections 202, 37 and 224 were not cited to the judge, he concluded that …
E.A.B. v. K.J.B., 2017 BCSC 1167
The parties had an 11 year old son. The father had medical issues, and the parties disagreed about how that affected their son’s best interests. They also had long-standing communication problems. The wife applied for an order that a s. 211 report be prepared. The husband applied for an order for a Hear the Child report. Master Bouck described the differences between the two types of reports, noting that …
S.L.M.D. v. A.V.D., 2017 BCSC 394
The judge described this as a high conflict case. The parties had two minor children, aged 18 and 16, and they disagreed about parenting arrangements for the children. The court summarized a “views of the Child” report prepared by a member of the Hear the Child roster. The outcome was …
Thomson v. Thomson, 2016 BCSC 904
The father applied for an order for preparation of a Hear the Child report relating to the views of the parties’ 15 year old daughter, pursuant to s. 211 of the Family Law Act. The mother argued that there was no jurisdiction to grant the order, because there was no application addressing a family law dispute before the court. Mr. Justice Jenkins held that …
L.C.E. v. E.S.B., 2014 BCSC 1111
In the context of a relocation application, the mother, who wished to relocate, obtained a Hear the Child report without prior notification of or consultation with the other parent. While expressing concern about that parent’s actions, the judge …
Henderson v. Bal, 2014 BCSC 1347
This case involved two children, S who was 16 and J, 11. The main issue between the parties was the parenting of J. A Hear the Child report had been prepared. The judge noted that the wishes of an 11 year old could not determine the outcome, but …
B.T.R. v. U.A., 2014 BCSC 1012
The judgment notes that this was a “high conflict” case and the trial, spread over a year, took 42 days. The main issue at trial was the parenting of two children: A, 15, and T, 9. The children had been primarily parented by the mother before the separation, but by the time of trial, A was residing with the father. There was a custody and access report and a critique of the report. During the course of the hearing, the judge sought …