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 there was no legislative basis for ordering a Hear the Child report. He ordered a Views of the Child report pursuant to s. 211.
Read the full case (see specific discussion at paras 54-58)