Such reports require an assessment of necessity and relevance to the child’s best interests: court
The Supreme Court of Nova Scotia has ordered a Voice of the Child Report in a custody case to independently capture the preferences of a 13-year-old amid conflicting claims by the parents and significant proposed changes to the child’s living arrangements.
In Aburub v. Jarrar, 2024 NSSC 284, the father sought shared parenting, joint decision-making authority, and a school transfer for the child, while the mother requested a Voice of the Child Report to capture the child’s perspective. The father opposed this motion.
Both parents provided conflicting descriptions of the child’s well-being and the other’s parenting approach. The father alleged that the mother may have influenced the child’s views, while the mother argued that the child is mature enough to express unbiased preferences. Both parents’ credibility was questioned during cross-examination, with inconsistencies noted in their testimonies.
The court, under Nova Scotia’s Parenting and Support Act, holds the authority to order a Voice of the Child Report in custody matters to ensure that a child’s voice is independently represented. Such reports are not ordered as a matter of course; rather, they require a careful assessment of necessity and relevance to the child’s best interests.
The Supreme Court emphasized that the primary goal of a Voice of the Child Report is to allow the child to express their views to a neutral third party, free from any potential influence by either parent. Citing case law, the court noted that reports of this nature are appropriate in high-conflict cases if they serve the child’s best interests.
Guidelines issued by the Nova Scotia Department of Justice in 2015 outlined factors for the court to consider when deciding on a Voice of the Child Report, such as the child’s age, developmental stage, the degree of parental conflict, and the potential impact on the child. According to these guidelines, a report can offer reliable insights into the child’s preferences, potentially reducing emotional strain on the family and aiding in conflict resolution.
The court addressed concerns about Voice of the Child Reports being requested as “fishing expeditions,” where one parent might seek a report solely to strengthen their own case. However, the court emphasized that such concerns should not overshadow the child’s right to be heard, reaffirming that the primary consideration is the child’s welfare.
In ordering the report, the court acknowledged the substantial impact of the father’s proposed changes—school transfer, shared parenting, and joint decision-making—on the child’s life. The court noted that the report will provide the child with an opportunity to share their perspective with an independent assessor, potentially alleviating loyalty conflicts between the parents.
