WorkingMom2007
New member
My lawyer has recommended the use Voice the Child report in my case. Curious if anyone has gone this route, and what your experience was. Is it worth it?
Voice of the Child Report
- Thread starter WorkingMom2007
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Stillbreathing
New member
Didn’t have one of these. The judge read the custody assessors report and her quotes of what our children said to come to the opposite conclusion than she had. It was truely beautiful and put the stuck up, conceited woman in her place!
Is that similar to an OCL report? I have never heard on it.
I was wondering if it was different too. In my province there are voice of the children's report and I have never heard of OCl reports, other than on here. Maybe its the same thing, just different lingo depending on province? I think wiht a voice of the child report, it is for older children and they are interviewed, to represent their wishes. Im not sure if that is the same as ocl
http://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/vccp-vecp/voi2a.html
I found this link which explains it for each province, starting at the bottom of the first page, and continuing on page 2
I found this link which explains it for each province, starting at the bottom of the first page, and continuing on page 2
WorkingMom2007
New member
It is different from OCL, and can be done by a lawyer, social worker, or physocologist. It's not so intense as OCL, and more a 3rd party having and recording the conversation with the child, free of parents. Both parents do need to consent. That's what I've been told by my lawyer. Apparently this is a new thing.
Tayken
Well-known member
No. OCL and Section 30 reports are often useless. (Read my threads on the topic for more detail.)
Why?
1. Most pit one parent against the other and therefore they create more conflict than benefit.
2. The majority of cases that have OCL or Section 30 involved neither parent has a mental health issue that would warrant such an investigation.
3. In the vast majority of cases the time they extend the resolution of the matter significantly.
4. In the majority of the cases, high-conflict parties will not accept the recommendations anyways and challenge them. (Because they challenge everything said about them by anyone!)
5. The money spent on them would be better off in your children's RESP.
VotC reports are popular in some provinces (like NB) and are similar to OCL reports. Yes, they are less intensive, but, with that comes the fact they are easier to challenge and as a result create more conflict often.
A better alternative would be to put the money both parties are spending into arbitration. My recommendation would be to have two arbitrators. One that is a clinical psychologist and/or psychiatrist who is a proper Section 30 evaluator and a highly qualified lawyer who arbitrates.
In the alternative... If you live in Toronto area... Just hire http://coop-solutions.ca/dr-barbara-landau/ .
Integrating a mental health professional is a very good idea. The problem is that how the court system does it with "reports" is possibly the WORST way of doing it.
Good Luck!
Tayken
WorkingMom2007
New member
Thanks for the recommendations, but I'm unlikely to use it. I've already had a court ordered arbitrator with a Ph.D in Psychology and background family issue resolution. Her focus was mostly on "fixing" the relationship between myself and my ex rather the role she was brought in. Caused more headache than needed, and cost more money in the end.
Custody and Access is already settled on a full and final basis. Financial is headed to trial. VoC is specific to something my son wants, that my ex is likely to dispute. Short of hiring my son a lawyer of his own, this is the road recommended.
I am asking for experience of someone who has been through. Not a recommendation of what's best. We're already committed to a route.
Thanks again for the recommendation.
If custody & access is already decided why do you even need this???
WorkingMom2007
New member
My son wants more control when and how he contacts his dad. Currently the order states that my son decides when and how many times he contacts his dad to maintain communication, using Skype. My ex interprets it as "call me everyday".
That's one. The second he wants more control over access visit cancellation going forward.
OrleansLawyer
Active member
A social worker will meet with your children, usually once at each parent's home, and will then write up what the kids want.
It is cheaper than hiring a private clinician to get evidence as to the views and preferences of the children.
I dont know if one visit would be enough to get a grasp on a childs thoughts. I think it would depend on the childs age. I had a problem during the Christmas holiday getting my 7 year old to visit his Dad. Dad thought I maybe alienating the child not to go.
Turns out many weeks later, I find out that son, was having private conversations every night with Elf (on the shelf) who was relaying messages back to my son from the Big Guy himself (Santa). And he was simply just anxious to where Santa would find him (Elf thought he should stay put just in case). Even though this was explained to him by his parents, apparently we know nothing, and the Elf knows all.
Turns out many weeks later, I find out that son, was having private conversations every night with Elf (on the shelf) who was relaying messages back to my son from the Big Guy himself (Santa). And he was simply just anxious to where Santa would find him (Elf thought he should stay put just in case). Even though this was explained to him by his parents, apparently we know nothing, and the Elf knows all.
WorkingMom2007
New member
My son did the same when he was 5, and we bought a new house. We moved in November just after he went to see Santa. He was very concerned that Santa wouldn't know where he lived now. Had to get him to write a letter, and revisit Santa that year. And thankfully, Santa replied back. That letter is now framed and in his room.
My son is eleven.
My son is eleven.
MommaMouse
New member
My daughter is in the same boat at 12, she has been refusing visitations following some pretty dramatic events. We manage to get her to visit here and there but if this lands us back in court she wants to have her wishes heard in court. Social workers might be cheaper but in my past experience they were useless in actually relaying my childs wishes. If you do go this route I'd be interested to hear what the process is and how it turns out.
WorkingMom2007
New member
Thank you. That's what was explained to me as well. I was hoping someone else had gone thru it, and help me with the value of the VoC report.
Appreciate it nonetheless.
Tayken
Well-known member
It isn't. Its the case of a high conflict parent fighting tooth and nail. If all issues of custody and access have been settled "final" as claimed then it would take an act of a material change in circumstance to raise it at a trial on financial issues alone.
Suffice to say, the report won't qualify for entry into the record and will be easily blocked by opposing party if they have counsel. Nor will the judge want to hear the matter when it has been settled "final".
It is about access... Final things require material changes in circumstances to change.
It would be a significant waste of family resources to retain a professional. Furthermore, the other party's agreement or a court order would be required to even do the VoC report. So you have to get consent or a court order. Good luck with both.
Sounds like a backdoor assessment: http://www.yoursocialworker.com/s-articles/Backdoor_Assessments.htm
Tayken
Well-known member
A court cannot order arbitration "cold". They can only order arbitration if an existing agreement lists it as a dispute resolution ("warm"). In fact, the parties have to go to arbitration unless they both withdraw the consent to this dispute resolution and return to court. One party can press arbitration to happen.
As you are named "WorkingMom" you probably should know that I am a material contributor to this matter and assist the respondent in that matter on a continual basis and about 80+ other matters involving Section 30, OCL and VoC report.
Feel free to ignore learned advice... I'll still respond for the benefit of the 100,000s of thousands of readers so they don't make the same mistakes as you are about to.
I assisted the Respondent in becoming...
Good Luck!
Tayken
Tayken
Well-known member
In a matter where custody and access that is supposedly is settled FINAL you will require a "material changer in circumstance" to change access. Even if it is a phone call. Especially if the other party won't agree to the change.
FINAL orders are meant to be FINAL.