Can Children Have a Voice in Family Law Proceedings? Views of the Child in the Okanagan

The best interests of the child is the guiding principle in every parenting dispute — under both the federal Divorce Act and British Columbia’s Family Law Act. Part of assessing a child’s best interests is understanding the child’s own views and preferences, where the child is capable of forming and expressing them. But children are rarely put on the witness stand, so courts in the Okanagan have developed several mechanisms for bringing a child’s voice into a proceeding without requiring the child to testify or take sides.

The Child's Views as a Best-Interests Factor

Section 16 of the Divorce Act and section 37 of the Family Law Act both list a child’s views and preferences as a factor a court must consider in assessing best interests, giving those views weight according to the child’s age and maturity. Neither statute requires a child to express a preference, and a child’s wishes are never treated as determinative on their own — they are one factor among many, including the history of caregiving, each parent's willingness to support the child's relationship with the other parent, and any family violence.

Views of the Child Reports

The most common way Okanagan courts hear a child’s perspective is through a Views of the Child Report prepared under section 211 of the Family Law Act. A neutral, qualified professional — often a Family Justice Counsellor, psychologist, or clinical counsellor — meets with the child and prepares a report summarizing the child’s views on the matters in dispute, without offering a recommendation about the outcome. These reports are generally less expensive and less adversarial than a full custody and access (parenting) assessment.

Needs of the Child and Parenting Assessment Reports

Where the dispute is more complex — for example, involving allegations of family violence, substance use, or mental health concerns — the court can order a more comprehensive report under section 211 that goes beyond the child’s views and includes an assessment of the family's needs and a professional's recommendations regarding parenting arrangements.

Family Justice Counsellors and Early Resolution

Before litigation even begins, separating parents in the Okanagan can access free services through Family Justice Counsellors at a Family Justice Centre, or the Justice Access Centre. Family Justice Counsellors can help parents reach agreements on parenting arrangements, provide information about the Family Law Act, and, in some cases, facilitate mediation — often reducing the need for a child’s views to be gathered through a formal court process at all.

When Might a Child Need Independent Legal Representation?

In rare and exceptional circumstances, a court may consider it appropriate for a child to have independent legal representation in a family law proceeding, separate from the positions advanced by either parent. This remains uncommon in family matters and is reserved for cases where a child's interests genuinely diverge from what either parent is advocating and where a Views of the Child Report or other report is not sufficient to protect those interests.

Conclusion

The Okanagan’s framework is designed to let a child's voice be heard without placing the child in the middle of the parents' dispute. Whether through a Views of the Child Report, a Family Justice Counsellor, or, rarely, independent representation, the goal remains the same: understanding what the child needs, without asking the child to choose a side.