Voice of the Child report Ontario: Child Interviews and Family Court Use

Educational notice: This article explains general Ontario family-court terminology and procedure. It does not interpret a child’s statements, advise how to speak with a child or replace advice from a qualified lawyer.

A Voice of the Child report Ontario family court requests is a short report prepared through the Office of the Children’s Lawyer, usually by a clinician, that summarizes a child’s statements about specified parenting time, decision-making responsibility or contact issues. It is not a parenting assessment, does not contain recommendations and does not make the child responsible for deciding the case.

What this issue means

Ontario family law recognizes that a child’s views and preferences can be relevant to decisions affecting the child. The weight given to those views depends on the child’s age, maturity, circumstances, how the views were obtained and the other evidence. The governing consideration remains the child’s best interests.

A Voice of the Child report, sometimes shortened to VOC report, gives the court a structured account of what a child told an OCL clinician. Official guidance says it is typically used for children over seven, but age alone does not create entitlement to a report or determine whether it is suitable.

The report is narrow. It does not include formal interviews with the parties, observation visits, collateral information from teachers or health professionals, a disclosure meeting or recommendations. It should not be described as a full investigation or an expert determination of parenting ability.

How a Voice of the Child report Ontario process begins

The usual official process includes:

Court request. A judge makes an order requesting a Voice of the Child report and identifies the issues on the Voice of the Child endorsement form.

Intake forms. The parties complete the required OCL intake materials. Current guidance directs that the forms be sent within one business day of the order, although official instructions should be checked each time.

OCL review. The Office of the Children’s Lawyer reviews the court order and intake forms. The OCL decides whether to accept the referral.

Assignment. If accepted, the OCL assigns a clinician and informs the parties and court in writing.

Limited preparation. The clinician explains the process, gathers limited referral information, asks whether a children’s aid society is actively investigating and schedules the child interviews.

Two interviews. The child generally meets with the clinician twice on separate days. Each party is responsible for arranging the interview assigned to them.

Report. The clinician prepares the report, files or submits it to the court and sends it to the parties. Current OCL guidance says this occurs within 30 days after assignment.

A court request does not guarantee acceptance. The OCL may determine that another service, assessment or process is more appropriate, or that it cannot provide the requested service.

What may happen next

At each interview, the clinician asks about the issues identified by the court. At the end, the clinician reviews the child’s statement with the child to confirm its accuracy. The clinician explains that the information will not be confidential.

The report summarizes statements rather than deciding whether they are factually correct. It may show consistency or differences between the two interviews, but neither repetition nor inconsistency has an automatic legal meaning. Development, memory, stress, context and the wording of questions can all affect communication.

Once received, the report may be discussed at a conference, motion, settlement process or trial. The parties may resolve issues, ask for directions or continue to a hearing. Under rule 21 of the Family Law Rules, a party has 30 days after service of an OCL report to serve and file a statement disputing something in it. The applicable form and procedure should be confirmed with a lawyer and official court source.

The judge considers the report with the rest of the evidence. Existing parenting or contact orders remain binding unless changed or stayed.

Important educational considerations

A report is not the child’s decision

The child does not choose the parenting schedule or decision-making arrangement. The court applies the best-interests test under the Divorce Act or Ontario’s Children’s Law Reform Act, depending on the proceeding. The child’s views are one factor among several.

The interview is not confidential

The child is told that statements from the interviews will appear in the report. If the child discloses abuse, neglect or maltreatment, the clinician must notify the local children’s aid society. This differs from solicitor-client privilege between a child and the child’s lawyer.

The report does not test competing accounts

There are no formal party interviews, collateral investigation or observation visits. The clinician does not determine whether an allegation is true, assess each party’s parenting capacity or recommend an outcome. A court may need other evidence to resolve disputed facts.

Evidence concepts remain separate

Admissibility asks whether the report may be received as evidence. Credibility concerns whether a person is believed. Reliability concerns dependability. Weight is the importance the judge gives the report. Proof asks whether the applicable legal standard is met. A statement’s inclusion in the report does not establish all of these.

Children should be protected from pressure

Ontario law requires parties to protect a child from conflict arising from the proceeding to the best of their ability. Adults should not rehearse answers, ask the child to choose sides, promise a particular result or question the child afterward for litigation information. Ordinary reassurance is different from coaching.

OCL services are distinct

An OCL lawyer represents the child and ordinarily does not file a report. Communications with that lawyer may be privileged. A detailed Children’s Lawyer Report involves party interviews, observations, collateral information and may include recommendations. A section 30 assessment is a separate court-appointed and ordinarily privately funded process.

Child-protection cases follow different procedures

OCL clinicians do not ordinarily prepare reports in child-protection proceedings. The OCL may provide a lawyer for a child, and a clinician may exceptionally assist that lawyer. Statutory child-protection assessments are governed separately.

Court-file privacy has limits

An OCL report becomes part of the court material and may be accessible unless legislation, a rule or court order restricts access. Children’s identifying, medical and personal information should not be shared unnecessarily or posted online.

Practical steps that are general and non-legal

Read the endorsement, intake form and OCL assignment letter carefully.

Keep copies of submitted forms and delivery confirmation.

Confirm interview dates, locations, transportation and accessibility needs.

Give the child a simple, age-appropriate explanation of the clinician’s role.

Avoid telling the child what to say or asking the child to advocate for an adult.

Keep adult court documents and conversations away from the child where possible.

Maintain ordinary routines before and after each interview.

Record court and report-related deadlines in a private calendar.

Protect the completed report from unnecessary disclosure.

These are general organizational steps. They are not instructions about the content of a child’s interview or how a party should respond to a report.

Emotional and family impact

A child may feel nervous, loyal to more than one person, or worried that an answer will hurt someone. Adults can reduce that burden by saying the child is not responsible for the outcome and may speak honestly in their own words. A parent should not promise secrecy because the report process is not confidential.

A counsellor, physician, Elder, Indigenous court worker or culturally appropriate service may offer support. Care should be taken not to turn therapeutic support into evidence gathering. Ask about confidentiality and its limits before sharing court information.

When professional assistance may be appropriate

A family lawyer can advise whether a Voice of the Child report is appropriate, explain an OCL acceptance or refusal, and identify how the report may affect the next court event. Prompt advice may be important where there are allegations of family violence or maltreatment, an active children’s aid society investigation, disputed accuracy, a running 30-day period, proposed relocation or an approaching trial.

A mental-health professional may support a child’s well-being, but therapy and court reporting have different purposes. The treating professional should not be asked to coach the child or determine the litigation outcome.

Legal Aid Ontario, duty counsel and the Law Society Referral Service may be available subject to current criteria. Court staff can explain procedure but cannot interpret the report or give legal advice.

How Presumption of Innocence Canada may help

Presumption of Innocence Canada provides public legal education and moderated discussion groups for Canadian adults. Its materials explain terminology and general Canadian legal processes using publicly available legislation, court information, government publications and research. Moderated groups provide peer conversation subject to group rules and privacy limitations.

PIC does not provide legal advice, legal representation, individualized case assessment, evidence review, witness preparation, child-interview preparation, report interpretation, legal strategy, contact with justice officials, advocacy in individual cases, determinations of guilt or innocence, or predictions about outcomes. Its materials and discussion groups do not replace advice from a qualified lawyer or information from an official court source.

Frequently Asked Questions

1. What is a Voice of the Child report Ontario courts use?

It is a short OCL report summarizing a child’s statements about court-identified parenting time, decision-making responsibility or contact issues. It does not recommend an outcome.

2. At what age can a child have a VOC report?

Official guidance says VOC reports are typically prepared for children over seven. Suitability depends on the circumstances, and the OCL decides whether to accept the referral.

3. How many interviews are held?

The OCL process generally uses two interviews on separate days. At the end of each interview, the clinician reviews the statement with the child for accuracy.

4. Are parents interviewed?

Not formally for a VOC report. The clinician gathers only limited referral information from the parties. A detailed Children’s Lawyer Report uses a broader process.

5. Are the child’s statements confidential?

No. The child is told that the information will be reported. A disclosure concerning possible abuse or neglect must be reported to a children’s aid society.

6. Does the report prove that every statement is true?

No. It records what the child said. The judge determines disputed facts and decides what weight to give the report with the rest of the evidence.

7. Can a party dispute something in the report?

Rule 21 provides a 30-day period after service to serve and file a statement disputing something in an OCL report. Obtain legal advice about the proper procedure.

8. Is a VOC report the same as a section 30 assessment?

No. A section 30 assessment is broader, court appointed and ordinarily paid for by the parties. A VOC report is an OCL service focused on the child’s statements and contains no recommendations.

Related educational resources

PIC article on the Office of the Children’s Lawyer in Ontario

PIC articles on parenting assessments and section 30 assessments

PIC articles on parenting time, decision-making responsibility and family-court process

Ontario Office of the Children’s Lawyer forms and clinical-services guidance

Legal Aid Ontario and the Law Society Referral Service

Suggested authoritative Canadian sources

Ontario Ministry of the Attorney General: Clinician Services and Clinical Reports

Ontario Ministry of the Attorney General: Office of the Children’s Lawyer

Ontario e-Laws: Courts of Justice Act, section 112

Ontario e-Laws: Family Law Rules, O Reg 114/99, rule 21

Ontario e-Laws: Children’s Law Reform Act, sections 24 and 33.1

Justice Laws Website: Divorce Act, section 16

Short sources list

Ontario Ministry of the Attorney General, “Clinician services and clinical reports,” Voice of the Child Report section.

Ontario Ministry of the Attorney General, “Office of the Children’s Lawyer,” updated April 9, 2025.

Courts of Justice Act, RSO 1990, c C.43, s 112, Ontario e-Laws.

Family Law Rules, O Reg 114/99, r 21, Ontario e-Laws.

Children’s Law Reform Act, RSO 1990, c C.12, ss 24 and 33.1, Ontario e-Laws.

Conclusion

A Voice of the Child report Ontario family court receives provides a limited, structured account of a child’s statements on identified issues. It does not assess the parents, test collateral evidence, recommend an arrangement or decide the case. The process should protect the child from adult conflict, and a qualified family lawyer should advise each party about the report’s legal effect and any response.

Educational disclaimer

“This article provides general educational information only. It is not legal advice and does not create a lawyer-client relationship. Legal procedures and rights may vary by jurisdiction and individual circumstances. Anyone facing a legal matter should obtain advice from a qualified lawyer.”

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