In June of 2014, we wrote a feature for BarTalk called “Children’s Voices in Family Law Disputes.” That article spoke to the legislative requirement that parents, the courts and others “consider the child’s views, unless it would be inappropriate to consider them” (section 37(2)(b) of the Family Law Act [“FLA”]).
There has been a steady increase in the number of Hear the Child (“HTC”) reports being requested province-wide. These reports are effective tools for parents, mediators, lawyers and judges to use when making decisions on parenting plans for children.
Counsel, mindful of their responsibilities under sections 8(3), 37(1) and 37(2)(b) of the FLA, should ensure that evidence as to the child’s views is always before the courts.
