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Judges Interviewing Children during Ontario Family Court Divorce Cases

By heather - Last updated: Wednesday, July 7, 2010 - Save & Share - Leave a Comment

Television, movies and other various forms of media often inaccurately depict court room procedures of cases dealing with divorce and child custody. In many instances, the media will have a child on the stand as a witness being questioned by a lawyer. In reality, children are rarely in court and instead their parents provide to the court the child’s wishes.

A recently published article in the Lawyers Weekly Magazine highlighted the infrequency in which Ontario judges meet with or interview children involved in custody disputes. In the article, a 2009 survey that interviewed judges in both Ohio and Ontario found that less than half of the judges in Ontario had ever interviewed a child.

Ohio was chosen in the comparative study because it is common practice for judges in that state to meet with and interview children as it is considered a useful tool in handling family law cases. In contrast, in Ontario interviews of children in family law cases is rarely elected to be performed by the judiciary due to the fact that judges do not have the training needed to effectively interview children in such important matters. Instead, children are often interviewed and/or assessed by either a psychiatrist, or other licenced professional, or a children’s lawyer. Alternatively, in Quebec, the process of judges meeting with children privately – without their parents present – is becoming more and more common.

When a child in a divorce case does end up in a courtroom setting, the judicial interview can make an already stressful situation even more so.  However, the article suggests that Ontario judges should meet with the child to speak with him or her directly – while not recommended as the only way of getting a better understanding of the child and their situation – to allow the judge to gain better insight into the child’s views and preferences, as well as providing the child with a forum for their point of view to be been heard on decisions that impact their lives. This process also allows the child to learn more about the judicial process and how decisions are made.

Judicial interviews may prove to be beneficial for children of divorces, particularly where parental alienation has been alleged.  Judicial interviews can assist in the determination as to whether alienation has occurred and/or whether the child has legitimate reasons for not wanting to see a parent.

LINK:

http://www.lawyersweekly.ca/index.php?section=article&volume=30&number=9&article=2

Posted in Child Custody in Ontario, Divorce • • Top Of Page

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