What is a Views of the Child Report?
A Views of the Child Report is a report whose purpose is to provide a way to ensure that children’s views, perspectives and wishes are considered in family law matters. A Views of the Child Report is completed by a Clinician in the Family Court Conciliation Office in the Department of Justice and Public Safety. Usually, the process is that the clinician will do two separate interviews with the child. Then, the clinician prepares a Views of the Child Report which is usually provided to the parties' lawyers (or to the parties if they don’t have a lawyer) and filed with the court.
How can someone get a Views of the Child Report?
There are only two ways that a Views of the Child Report by the Family Court Conciliation Office can happen:
- By court order – if the court makes an order for a Views of the Child Report under subsection 33(4) of the Children’s Law Act. We suggest that this template on the Supreme Court of PEI webpage be used for orders for Views of the Child Reports.
- By request of the Office of the Children’s Lawyer under subsection 33.1(8)(k) of the Judicature Act.
How is a Views of the Child Report different from a Parenting Arrangement Assessment (PAA)?
A Parenting Arrangement Assessment is an evaluative Report that considers and includes a great deal of information. The author of a Parenting Arrangement Assessment is tasked with making recommendations and drawing conclusions about the issues at play in a particular family law matter. You can find more information about Parenting Arrangement Assessments here. In contrast, a Views of the Child Report does not require the author to make evaluations, and the author makes no comments and draws no conclusions about the child’s responses.
What is an appropriate age for a Views of the Child Report?
A Views of the Child Report is most appropriate for children aged 9 and older. For children younger than 9, a Parenting Arrangement Assessment may be more appropriate and should be considered.
What are some issues that may be appropriate for a Views of the Child Report?
Some examples of issues appropriate for a Views of the Child Report include:
- Proposed changes to parenting plans.
- Participation in activities.
- Changes to the school the child attends.
For children 13 or older, this may also include:Are there specific things that should be considered before requesting a Views of the Child Report?
- Resistance to seeing a parent.
- Relocation of a child.
Are there specific things that should be considered before requesting a Views of the Child Report?
- A Views of the Child Report should address no more than two issues within a family law matter.
- The request should clearly identify the issues that are the focus of the report.
- In most cases, the child who is the subject of the report must live in PEI. If the parties cannot arrange for Views of the Child Report interviews with the child to happen in-person on PEI, it will be up to the Family Court Conciliation Office to decide whether it is appropriate for the interviews to be done virtually.
Are there any instances in which a Views of the Child Report may not be appropriate?
A Views of the Child Report is not appropriate if there are issues that may require clinical recommendations (e.g. concerns around parental alienation or concerns related to appropriate parenting).
Is there a cost for a Views of the Child report?
There is no charge for Views of the Child Reports by Family Court Conciliation Office clinicians.
Who do I contact for more information about Views of the Child Reports?
Family Court Conciliation Office
Family Law Centre (Charlottetown)
Phone: (902) 368-6928
fcco@gov.pe.ca