How Children's Views Are Heard in BC Family Court

Your Child Has a Voice in This

Parents ask us two versions of the same question. "Will anyone actually listen to my child?" And, just as often, "Please tell me my child will not be dragged into this." British Columbia family law takes both worries seriously: children's views matter in parenting cases, and the system is built so that children are heard without being put in the middle of the fight.

SiLaw Group Family Lawyers is a family law and mediation firm in South Surrey. This page explains where a child's views fit in the law, how they actually reach a judge, and what you can do at home while the case is on. It is part of our parenting and children services.

What the Law Actually Says

Every parenting decision in BC, whether made by agreement or by a judge, must be made in the best interests of the child only. Section 37 of the Family Law Act lists the factors that must be considered, and one of them is the child's views, unless it would be inappropriate to consider them. The views sit alongside the other factors: the child's health and emotional well-being, the child's relationships, the history of care, the child's need for stability, and the impact of any family violence. Our best interests of the child page covers the whole framework.

Two things follow from that wording. A child's views are part of the picture in most cases. And they are one factor among many, weighed with everything else in the child's life, not a verdict.

Is There an Age When a Child Gets to Decide?

No. Section 37 sets no age at which a child's views take over, and no age below which they do not count. There is no birthday in the Act at which a child chooses which parent to live with. The statute says only that views are considered unless it would be inappropriate, which leaves the judgment where it belongs, on the facts of each family. Anyone who tells you "at twelve the child decides" or "at fourteen it is up to them" is repeating folklore, not the Family Law Act.

How a Child's Views Reach the Judge

Children do not plead their own case, and in practice it is rare for a child to give evidence in a courtroom. Views usually arrive through professionals. Two routes come up most often.

The first is a section 211 assessment. Under section 211 of the Family Law Act, a court may appoint a person to assess, among other things, the views of a child in relation to the dispute. The assessor must be a family justice counsellor, a social worker, or another person the court approves, and generally must have had no previous connection with the parties. The assessor prepares a report and gives a copy to each party and to the court. A full assessment can also look at the child's needs and at each party's ability to meet them, so it is broader than views alone, and the court can decide who pays its fees.

The second, in practice, is a shorter report often called a hear-the-child or views-of-the-child report. In these, a trained interviewer meets with the child and reports what the child said, without evaluating the family or making recommendations. Courts and parents in BC commonly use them as a quicker, lighter way to bring the child's own words into the room. How a particular report is arranged, and who prepares it, varies from case to case, which is a conversation to have with your lawyer early.

Judges read whatever arrives with care. A child's stated wish is weighed with everything else the evidence shows, including how the wish was formed and what else is going on in the family.

What You Can Do at Home

Do not interview your child about the case, rehearse them, or ask them to choose. It puts weight on them that the process is designed to keep off, and it tends to show. What helps instead is steadiness: keep routines predictable, answer questions honestly at their level, and let them love both homes without commentary. Our guide on talking to children about separation offers age-by-age language, and our co-parenting communication guide helps keep the adult channel businesslike so the child channel can stay warm.

How SiLaw Group Helps

We advise on whether a report or assessment fits your case at all, and which kind. We prepare the application or respond to the other side's, put the result into context for the court, and, where families would rather decide for themselves, we bring the child's perspective into mediation instead of a courtroom. The goal is a decision informed by your child, never a decision resting on your child's shoulders.

Frequently Asked Questions

At What Age Can a Child Decide Which Parent to Live With in BC?

There is no such age in the Family Law Act. A child's views must be considered unless it would be inappropriate to consider them, and they are weighed with all the other best-interests factors. No fixed birthday hands a child the deciding vote.

Will My Child Have to Speak to the Judge or Testify?

It would be unusual. In practice, children's views come to court through professionals, most often a section 211 assessment or a hear-the-child style report, precisely so children are not put on the stand or asked to take sides in front of their parents.

What Is the Difference Between a Section 211 Assessment and a Views Report?

A section 211 assessment is ordered by the court and can cover the child's needs, the child's views, and each party's ability to meet those needs, with a report to the parties and the court. A views-only report, as used in practice, is narrower: it relays what the child said, without evaluation or recommendations.

Talk to Us About How Your Child Will Be Heard

If you are worried your child is not being heard, or worried they are being pulled into the middle, we can map the right path in one conversation. The first 30 minutes are free, in English or Punjabi, by phone, video, or in person in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.