Introduction:
When parents separate, reaching agreement on parenting arrangements is often one of the most difficult aspects of the process. Emotions run high, communication may be strained, and each parent may sincerely believe they know what is best for their child. Alberta family law, however, requires that parenting decisions remain focused on one central principle: the best interests of the child.
An important part of that analysis may include hearing from the child — not by giving the child the final say, but by ensuring their views and experiences are appropriately considered. As it is often said in Alberta family law, a child has a voice, but not the ultimate choice.
Peter Graburn, senior family lawyer at Shim Law in Calgary, regularly assists parents in navigating the use of Voice of the Child reports, parenting capacity assessments, and other professional tools that help decision-makers understand a child’s perspective while protecting the child from unnecessary involvement in conflict.
Although this article discusses how a child’s voice may be presented in Court, the topic is closely connected to mediation and other non-adversarial family law processes. One of the central goals of family mediation is to help parents make child-focused decisions before disputes escalate into litigation. Understanding how Courts consider a child’s views — and the professional tools they rely on when parents cannot agree — often assists families in resolving parenting issues earlier
and more constructively through mediation.
Voice of the Child reports and parenting assessments are frequently used not only in Court proceedings, but also in mediation and mediation-arbitration to guide discussions, reduce conflict, and keep negotiations grounded in the child’s best interests. For that reason, an informed discussion of how a child’s voice is considered in parenting decisions naturally belongs alongside mediation-focused content.
Table of Contents
How Does a Child’s Voice Get Before the Court?
Courts rarely expect children to speak directly to a judge. Except in very limited circumstances — such as where a child is close to adulthood and strongly wishes to be heard — children do not testify in parenting cases. Instead, their views and preferences are typically communicated through qualified third-party professionals.
The purpose of these reports is not to force a child to choose between parents, but to provide reliable, neutral insight into the child’s experiences, wishes, and needs, in a way that minimizes emotional harm.
Generally, a child’s input becomes more relevant as the child matures. In practice, this often begins around ages 10 to 12, with increasing weight given to the child’s views as they grow older, depending on maturity, communication skills, and
circumstances.
Types of Reports Used in Alberta Parenting Disputes
Several types of reports may be used to bring a child’s voice before the Court or into settlement discussions. The most common involve psychologists or lawyers.
Psychological Assessments
Psychologists are frequently engaged to assess children and families in parenting disputes. Under the Alberta Rules of Court, these assessments typically fall into two categories.
Practice Note 7 – Voice of the Child Reports (PN7)
PN7 reports are more limited in scope. They are usually designed to address a specific issue, clarify a child’s stated wishes, or assist with a particular parenting question. These reports are intended to be relatively quick, focused, and cost- effective.
A psychologist will usually interview the child and may also meet with the parents. The resulting report summarizes observations about the child’s experiences and may offer suggestions to help resolve or manage conflict, either within Court proceedings or through settlement discussions.
PN7 reports are often used in high-conflict cases where timely input is needed without embarking on a full assessment.
Practice Note 8 – Parenting Capacity or Bilateral Assessments (PN8)
PN8 assessments are significantly more comprehensive. They are designed to address broader, long-term parenting questions, such as primary residence or decision-making responsibility.
These assessments may involve interviews with the child, both parents, siblings, extended family members, teachers, and other individuals involved in the child’s life. Psychologists may also review school records and observe the child’s living
environments.
Because of their depth, PN8 assessments can take considerable time and are often much more expensive than PN7 reports. They are typically reserved for cases where the issues are complex and unlikely to be resolved without detailed professional input.
The Role of Lawyers in Hearing the Child’s Voice
Lawyers may also be involved in communicating a child’s views, though their role is different from that of psychologists.
Reporting the Child’s Statements
With the parents’ agreement, a lawyer may meet with a child and report exactly what the child says about their wishes, without offering opinions or recommendations. This approach is usually faster and less expensive, but it is strictly non-evaluative.
Counsel for the Child
In some cases, the Court may appoint a lawyer to act as counsel for the child. In this role, the lawyer represents the child much like a traditional client, advancing the child’s wishes and interests in discussions or Court proceedings. In high-conflict cases, funding may be available through Alberta Legal Aid.
How Courts Use These Reports
Voice of the Child reports and assessments do not decide parenting outcomes on their own. They are one factor among many that Courts consider when determining what arrangement is in the child’s best interests.
Their value lies in reducing conflict, avoiding the “he said – she said” problem of parents reporting a child’s wishes, and providing the Court with reliable, child-focused evidence.
Choosing the Right Approach
Not every case requires a report, and not every report is appropriate in every situation. Deciding whether to pursue a PN7, a PN8, counsel for the child, or another approach requires careful judgment, informed by the child’s circumstances and the nature of the dispute.
Experienced family lawyers help parents assess which option, if any, is likely to assist in resolving the matter while protecting the child’s emotional well-being.
Final Thoughts
Ensuring that a child’s voice is heard — without placing the child in the middle of parental conflict — is one of the most delicate tasks in family law. When used properly, Voice of the Child reports and parenting assessments can help parents and Courts reach child-focused solutions that are both fair and durable.
Peter Graburn and the family law team at Shim Law assist clients in determining whether these tools are appropriate, arranging for qualified professionals, and ensuring that the child’s views are presented responsibly and effectively.
