What is a Voice of the Child Report and Why is it Important During Separation and Divorce?
“Having a parent that listens creates a child who believes he or she has a voice that matters in this world.”
RACHEL MACY STAFFORD
When a couple separates or divorces, the process can be emotionally and mentally overwhelming, especially for the children involved. In Ontario, the family court system has a valuable tool called the Voice of the Child (VOC) Report to ensure children's feelings and preferences are considered during separation or divorce proceedings.
Understanding this report is crucial for parents who want to prioritize their child's well-being throughout this challenging time.
What is a Voice of the Child Report?
“Giving a child a voice is one of the most powerful tools we can give.”
DR. KARYN PURVIS
A Voice of the Child Report is a document that captures the thoughts, feelings, and preferences of a child or teenager regarding their living arrangements and other matters that affect their life during the separation or divorce.
A Voice of the Child Report may be ordered by a judge when there is a contentious matter involving parenting or, it may be requested by either of the parents involved. Such a report provides information about what the child thinks about his or her life and the issues in dispute between their parents to the court to assist in the decision making the process.
How is the Report Prepared?
Typically conducted by a qualified professional, such as a social worker or psychologist, the report provides a neutral perspective, ensuring that the child’s voice is included in decision-making. The clinician’s role is to ascertain the independent views and preferences of the child and to provide these views in a formal report to the court.
To create the VOC report, the professional conducting the interviews will speak with the child in a safe and comfortable setting. During the interview, the child may express their wishes regarding living arrangements, school, relationships with each parent, or even specific concerns about the separation process. The professional then summarizes these thoughts while maintaining the child's privacy and avoiding unnecessary pressure on the child to make adult decisions.
The VOC report does not give the child full control over what happens but ensures their preferences are carefully considered by the judge or mediator in deciding custody and access.
PLEASE NOTE: A Voice of the Child Report may be prepared by a lawyer, social worker, psychologist or counsellor. Unlike a report by the Office of the Children’s Lawyer or a Section 30 Parenting Plan Assessment this report is non-therapeutic and does not usually contain the professional’s opinion. This report is intended to simply inform the judge about the views of the child. The child’s views, as expressed in the report, are then considered by the judge.
Why is a Voice of the Child Report Important?
Generally, children have better relationships with their families when they believe their voices are heard.
Determining whether or how the court hears a child’s voice is dependent on many factors but parents who hear the views and preferences of the children involved may develop a more child-focused perspective and this can result in less conflict and more agreement.
Benefits of a Voice of the Child Report
Are more affordable than parenting plan (custody access) assessments and can be completed more quickly
They are less intrusive because they are not clinical
Judges say these reports make their jobs easier and either shorten the length of trial or contribute to an early settlement
Most importantly, this provides an opportunity to the child to say what is and is not important to them
Empowers the Child
Separation and divorce often lead children to feel powerless, especially when decisions about their lives are being made without their input. The VOC report helps them feel heard, valued, and respected. While they may not have final say, knowing that their voice matters can significantly alleviate feelings of anxiety, fear, or confusion.
Promotes Child-Centered Solutions
The VOC report encourages child-focused resolutions. By centering the child’s emotional and mental needs, decisions can be better tailored to what supports their well-being. For example, if a child is strongly attached to one particular routine or school, this might be reflected in the outcome.
Reduces Parental Conflict
When parents are in conflict over custody or parenting time, it can place children in the middle. The VOC report can help provide clarity, focusing on what the child truly needs rather than allowing the conflict to dictate decisions. This third-party evaluation also lessens the burden on the child to express their preferences directly to either parent, which can be incredibly stressful.
Tailored for Older Children and Teens
While VOC reports are not used as frequently for very young children, they are particularly important for older children and teenagers. Adolescents may have strong opinions about their living situations, schools, or parental relationships. A VOC report ensures these opinions are heard in a structured, non-coercive environment.
Facilitates Collaborative Parenting Decisions
Many parents wish to co-parent effectively even after separation or divorce, and understanding the child’s perspective can make it easier to work together. The VOC report gives both parents insight into the child’s needs without putting the child in a difficult position.
When is a Voice of the Child Report Used?
Not every separation or divorce case will require a VOC report. It is often used in cases where there are disagreements about parenting time, living arrangements, or other child-related issues. If both parents agree on arrangements, a VOC report may not be necessary. However, it can still be beneficial in complex cases, or where the child’s perspective might illuminate issues that otherwise remain unresolved.
How Can Parents Support Their Child During the Process?
Encourage Open Communication
Encourage your child to express their feelings but avoid pressuring them to "choose sides." Reassure them that they are not responsible for making decisions that adults must handle.
Provide Emotional Support
The separation or divorce process can feel like a whirlwind for children. Providing them with emotional support and, if necessary, access to mental health resources like counseling can help them cope with the changes.
Respect the Process
Understand that the VOC report is about giving your child a voice, not about handing them full responsibility. Even if the report reveals preferences you did not expect, respecting the process and being open to collaborative decision-making is critical. How much you will need to say to a child about the process, and how you will say it, will depend on the child and their age and stage of development. It is usually best to tell children information in simple and direct terms.
You might say that:
the judge has been asked to decide on parenting arrangements and how the child will spend time with the adults involved in the case;
the judge has asked a special person to talk to the child. This person is called an assessor, and knows a lot about children;.
the assessor will be helping the judge by getting to know the child and finding out what the child is thinking and feeling about the situation;
the assessor will write a report to explain what the child is thinking and feeling so the adults involved and the judge will know and understand what is going on from the child’s view;
the child will not be asked to choose between their parents or other adults involved in the case;
the process is a great chance for the child to say what is on their mind and give information from their point of view.
Ensure that your child(ren) are heard.
The Voice of the Child Report plays a pivotal role in ensuring that the emotional and mental well-being of children and teens is prioritized during separation and divorce. It brings the child’s feelings into the legal framework in a safe and structured way, promoting solutions that are centered on their needs. For parents going through this process, embracing the VOC report can lead to more child-focused, empathetic outcomes that ultimately support the child’s adjustment to their new family structure.
FREE RESOURCE
Looking for more information? Download this Voice of the Child Report Information Sheet from the Ontario Office of the Children’s Lawyer.
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