Hear the Child Reports

A Hear-the-Child Interview is designed to gather and report the child's views regarding issues that affect them. This report is non-evaluative, meaning I do not provide opinions on the information shared by the child. The interview explores the child's living situation, what is working or not working for them, and potential changes that may be beneficial.

It is essential to understand that the court will not base its decisions solely. Children are not responsible for making decisions and must be aware of this. Typically, I meet with the child once, with a possible second meeting if necessary. I usually have limited background information about the case before the interview, relying on what the parents or their counsel have shared. The child is generally brought to the interview by the parent with whom they reside on the interview day. If multiple interviews are needed, each parent may be asked to get the child to prevent any perception of bias. The preparation of the report usually takes about 4-6 hours per child.

Views of the Child Reports

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A Views of the Child Interview is more comprehensive than a Hear the Child Interview. In addition to gathering the child's views, I assess four specific areas:

- Whether a parent is being alienated from the child.
- Whether the child is being estranged or alienated from a parent.
- Whether the child has been influenced to present a particular view.
- Whether the child understands the implications of the views/preferences
expressed.

This process involves two interviews with the child, spaced a few days or weeks apart. The Views of the Child Report falls under Section 211 of the Family Law Act.

A Full Section 211 Report

The Family Law Act prioritises the safety and best interests of the child during separation and divorce. It mandates that the child's best interests are the sole consideration in decisions affecting them. The Act requires that the assessment of the child's best interests includes their care history, the impact of family violence, the child's views (unless inappropriate), and any relevant legal proceedings.

 

I ensure that the assessment process is fair, balanced, and thorough. I employ various assessment methods, including interviewing individuals (children and parents), observing interactions, gathering collateral information, reviewing relevant documentation, and considering other pertinent details.

Each parent is interviewed individually to gather relevant histories. The child is interviewed based on age and maturity, and indirect questioning techniques are used as appropriate. Observations of the child with each parent are conducted to evaluate their relationships, typically requiring two sessions, though more may be necessary.

Collateral information is collected from various sources, including teachers, counsellors, family physicians, and other relevant individuals. All pertinent legal information regarding custody and access disputes is reviewed.

In cases involving allegations of abuse, additional information may be gathered from relevant authorities, and sometimes, a second professional may be involved in assessing such allegations.