Hear the Child Reports give children a voice in BC parenting disputes. A trained neutral records the child's views for the court, without any parental conflict.
One of the hardest parts of a family law dispute is figuring out how to let a child's voice be heard without putting that child in the middle of their parents' conflict. BC has developed a specialized tool for exactly this purpose: the Hear the Child Report.
If you are in a parenting dispute in BC, understanding this process can help you make better decisions for your children — and potentially for your case.
What Is a Hear the Child Report?
A Hear the Child Report is a written document prepared by a trained, neutral interviewer who meets privately with a child and records that child's views, experiences, and preferences. The interviewer does not assess the child's psychological state, evaluate the parents, or make recommendations about parenting arrangements. Their sole role is to listen and accurately report what the child said — often verbatim — so that the adults making decisions about the child's future can actually hear from the child themselves.
The BC Hear the Child Society (hearthechild.ca) maintains a roster of trained Child Interviewers who are qualified to prepare these reports. Members of the roster are neutral professionals — typically social workers, counsellors, or other child-focused practitioners — who are trained specifically for this purpose.
The Legal Foundation: BC's Family Law Act
Hear the Child Reports are expressly supported by BC's Family Law Act:
• Section 37 — Requires decision-makers to consider the best interests of the child, specifically including the child's views unless it is inappropriate to do so
• Section 202 — Allows courts to order the preparation of a Hear the Child Report (under subsection (b)) or to admit a previously prepared report into evidence (under subsection (a))
• Section 224(1)(b) — Allows a Hear the Child Report to be ordered as a "specified service"
The legal support for hearing children's views also comes from case law. In 2010, the Yukon Supreme Court held that "all children in Canada have legal rights to be heard in all matters affecting them, including custody cases," and that receiving children's input early in a process "can lead to better decisions for children that have a greater chance of working successfully."
Canada has also ratified Article 12 of the UN Convention on the Rights of the Child, which guarantees children the right to express their views in all matters affecting them — including family justice matters.
How Is a Hear the Child Report Different From a Section 211 Report?
This is one of the most common questions we hear. Both processes involve gathering information about a child's situation, but they are quite different in scope and purpose.
| | Hear the Child Report | Section 211 Report |
|---|---|---|
| Purpose | Records the child's own views and experiences | Assesses the child, parents, and family dynamics |
| Who prepares it | A trained neutral interviewer | A psychologist or social worker |
| Makes recommendations? | No — only reports the child's voice | Yes — recommends parenting arrangements |
| Cost | Lower | Often $5,000–$20,000+ |
| Time | Faster | Months |
| Focus | Child's perspective | Full family assessment |
A Section 211 report (now more properly referenced as a report under s. 211 of the Family Law Act) is a much more comprehensive — and expensive — process that involves assessing both parents, reviewing records, and making specific recommendations to the court. It is appropriate in high-conflict cases or where serious concerns about a parent's fitness are in issue.
A Hear the Child Report is appropriate in a much broader range of cases: wherever the child's own voice matters and where it can be gathered without putting the child in a conflict-inducing position.
Who Can Request a Hear the Child Report?
A Hear the Child Report can be:
• Ordered by the court — under ss. 202 or 224(1)(b) of the Family Law Act, a judge can order that a report be prepared
• Requested by a parent — either parent can request that a report be prepared, and if both agree, it can be done without a court order
• Agreed to in mediation — mediators sometimes recommend a Hear the Child Report as part of a broader process
• Requested by a guardian — any guardian of the child can seek the report
A report that is prepared with the consent of both parties is generally admissible in subsequent proceedings.
The Interview Process: What Happens
The interview is designed to be child-friendly and non-threatening. The interviewer:
• Meets with the child in a comfortable, neutral setting
• Explains their role clearly: they are not aligned with either parent
• Assures the child that they are not making decisions — they are only listening
• Does not ask leading questions or suggest what the child should say
• Does not ask the child to choose between parents
• Records the child's actual words as accurately as possible
The resulting written report is then provided to the parties and, where applicable, to the court. Judges take these reports seriously — particularly because the child's actual words are preserved rather than filtered through a parent's perspective.
Why It Matters: The Research
The BC Hear the Child Society's work is grounded in clear research findings:
• Children want an opportunity to be heard — being excluded from decisions about their own lives can feel disempowering and harmful
• Hearing from children early can reduce the intensity and duration of parental conflict
• Children who are heard tend to have better outcomes during and after family transitions
• Receiving a child's views can help focus negotiation on the child's actual needs rather than parental positions
• Hearing children is most beneficial when it is voluntary for the child and conducted by a neutral professional
At the same time, it is not appropriate in every case. Very young children, children who have been coached, or situations involving family violence or high trauma may require a different approach — which is why the interviewer's training and neutrality are so important.
Is a Hear the Child Report Right for Your Case?
You may want to explore a Hear the Child Report if:
• Your child is old enough to express their views (generally 7 and older, though younger children have participated)
• You want the court to understand your child's experience without your child having to testify
• You and the other parent are in disagreement about parenting arrangements
• You believe your child's preferences or experiences are not being accurately represented
• You want to show the court that you are committed to child-centred decision-making
You may want to consider a Section 211 report instead if:
• There are serious concerns about a parent's mental health, addiction, or capacity
• The other parent is alleged to have engaged in family violence or child abuse
• The parenting dispute is highly complex and involves multiple serious issues
• The court has already identified that a comprehensive family assessment is needed
The Cost and Timeline
Hear the Child Reports are significantly less expensive than Section 211 assessments. Costs vary by interviewer and the complexity of the matter, but they are typically accessible compared to a full psychological assessment. The BC Hear the Child Society's roster includes interviewers across the province.
Andrew Liggett's Perspective
Andrew Liggett, BA, JD, CD, LSBC Family Law ADR Professional™, has practiced family law in BC for over 35 years. He is a strong advocate for child-centred approaches to parenting disputes and has worked with Hear the Child Reports as part of both litigation and mediation processes.
"The voice of the child is something our legal system has historically struggled to incorporate without putting children in an impossible position. The Hear the Child Society's model is one of the most thoughtful solutions I have seen — it gives children genuine agency without asking them to be witnesses against one of their parents. I recommend it regularly to families who want to make decisions that actually reflect their children's needs."
More Information
The BC Hear the Child Society's full explanation of why and how children are heard is available at [hearthechild.ca/why-hear-children/](https://hearthechild.ca/why-hear-children/). If you are considering a Hear the Child Report or want to understand whether it is appropriate in your situation, contact Sea to Sky Law™ for a free intake call.
This article is for general information only and does not constitute legal advice. The law may change; always consult a qualified BC family lawyer about your specific circumstances.
A Hear the Child Report is a written document prepared by a trained, neutral interviewer who meets privately with a child and records the child's own views, experiences, and preferences about their living situation. It is not a psychological assessment and makes no recommendations — its sole purpose is to accurately convey what the child said. It is recognized under BC's Family Law Act and admissible in court proceedings.
A Hear the Child Report records only the child's own voice — no parental assessment, no recommendations. A Section 211 report is a comprehensive family assessment conducted by a psychologist or social worker that assesses both parents, reviews records, and makes specific parenting recommendations. Section 211 reports are appropriate in high-conflict cases with serious allegations; Hear the Child Reports are appropriate for a much wider range of parenting disputes and cost significantly less.
Children as young as 5–6 have participated in Hear the Child Reports, though the process is generally most meaningful for children 7 and older who can articulate their own views. There is no fixed age — the interviewer assesses whether the child can meaningfully participate. The court will give weight to the child's views according to the child's age and maturity.
Yes. Either parent can request a Hear the Child Report and, if both consent, it can proceed without a court order. A consensual report is generally admissible in subsequent proceedings. A court can also order a report under ss. 202 or 224(1)(b) of the Family Law Act. The BC Hear the Child Society (hearthechild.ca) maintains a roster of trained interviewers across BC.