Hear the Child Report - Process Guidelines

PER REPORT: $1050 +GST

ESTIMATED TIMELINE (FROM COMPLETION OF INTAKE PROCESS & DEPENDENT UPON PARTIES): 1-2 MONTHS

Hear the Child Reporting pursuant to Section 37(1)(2), 202 and 224(1)(b) of the British Columbia Family Law Act is conducted by a trained neutral child interviewer, who provides a written verbatim (word-for-word) report per child to the courts and/or legal counsel, arbitrators or mediators in disputes involving children typically prior-to, during, or after divorce and/or separation. The interview and process differs from child to child, but is completed one-on-one, with fair, standardized questions addressing life at home, activities, school and their thoughts on the divorce and/or separation proceedings as applicable. The report does not include an evaluative component by the interviewer.

The Family Law Act states that when determining the best interests of a child the parties and the court must consider the child’s views unless it would be inappropriate to consider them. One way to obtain a child or youth’s views is to obtain a Hear the Child Report (‘HTC Report’). An HTC Report is a non-evaluative, verbatim report on the views of the child on issues related to family transition or family breakdown for the purpose of having the views of the child or youth considered when decisions are made about their best interest. The child has control over what is included in the report and nothing is put in the report without the child’s permission.

Prior to commencing the process to prepare a Hear the Child Report, the parties must both complete the intake form, pay the retainer and agree to the Formal Estimate, and sign a Professional Services Agreement.

Please note that payment in-full is required prior to service commencing.

A preliminary timeline will be established for conducting interviews and provided to the parties and/or their legal counsel. Please note that firm submission/completion dates are never provided, as many factors can contribute to delays such as: the willingness and cooperation of the parties/legal counsel to participate in the report preparation process; the availability of parties and/or collateral(s) for interviews; the physical location of parties and/or collateral(s) for interviews where travel may be required; court proceedings that may hinder or cease report preparation activities; and, timely receipt of documentation and supporting information from parties throughout the report preparation process. Transportation of the child to and from the interviews is to be shared between the parents, wherever possible. Legal counsel, if involved, or a mutually agreed-to third party, may be asked to participate in making the transportation arrangements.

Prior to the interview, I like to speak with each parent’s legal counsel (if involved) to get the background on why a report is being requested and to get some very basic background on the issues in dispute.

The process for a Hear the Child Report for one (1) child is as follows:

1. Parents are provided the Intake package which provides an outline of services, consent documents, and an opportunity to outline the specific issues related to the report.

2. Initial Interview with Child A in-person at Heather’s offices during Parent/Guardian A’s parenting time (2 hours)

(this can take place via Zoom at a neutral location if the parties are not located in Victoria)

3. Review Session with Child A in-person at Heather’s offices during Parent/Guardian B’s parenting time (1-2 hours)

(this can take place via Zoom at a neutral location if the parties are not located in Victoria)

4. Transcription & Question Period

(any additional questions or clarification required during transcription or the preparation of the body of the report)

5. Preparation of the Final Report & Submission to Parties & Legal Counsel or Filed in Court

For multiple children, the process is similar, and sessions can take place back-to-back for efficiency purposes.

This reporting is typically ordered by courts and/or through the parents’ legal counsel. Hear the Child Reporting is NOT a mental health assessment, nor a parental assessment, including a parental capacity evaluation. It is an entirely neutral process that can not be swayed or influenced by either parent or their legal counsel.

If this type of reporting would benefit your client’s case, or if you feel it would benefit your own case, please complete the intake form. Please note that prior to proceeding, both parties must complete the intake form. 

Hear the Child Reports must be consented to by all parents/legal guardians of the child(ren) involved, and in absence of consent or agreement, must be ordered through legal counsel and/or by an order of the court/consent agreement.

Here are some key points about the interview:

• Most importantly, I work through the lens of the child and their view on parenting arrangements, not through the lens of the parents’ dispute

• Children are not decision-makers; the report is being prepared to help their parents, guardians, legal counsel and judges make decisions about their parenting arrangements

• Your child is in charge of whether and how they respond to my questions

• All responses will be reviewed with your child(ren); it is their decision on what gets included in my report Practice Guidelines

• The information is to help parents make the decisions about their child(ren)’s living arrangements or other issues

• I make detailed notes of what the child is saying

• The interview is not evaluative—I am not making any assessments or recommendations, simply reporting on what the child is saying.

• There is to be no coaching of the child as to what they say to me; nor is there to be any questioning of the child once the interview is completed, or once the report is received

• The child is to be prepared for the interview by telling them it is their opportunity to share their views on their living arrangements or other issues; as parents you should voice your support for speaking with me.

• If there are child protection concerns, by law I have to report them.

While each interview is tailored specifically to the needs of each child, the questions typically fall into three basic categories:

• Some general questions on how things are going for them now that their parents live in separate houses

• Specific questions about time spent with each parent

• Questions about future parenting arrangements

As Interviewer, I will be paid in advance of release of the report the sum of $200/hour +GST and additional expenses for all work performed including meeting with your child(ren), reporting on their views and filing/distributing the Hear the Child Report. If incurred, travel expenses are extra.

If a party or the parties require that I attend court, the party(ies) will make separate, advance fee arrangements with my office.

More information on this process is available at on the Hear The Child Society website: http://hearthechild.ca/.

YouTube video available: https://youtu.be/AD_qzix9gp8

Parent Intake Form -