The Alberta Law Reform Institute [ALRI] has published Hearing from Children in Court Proceedings under the Divorce Act, Family Law Act, and Child, Youth and Family Enhancement Act, Research Paper 22. The paper does not recommend any legislative changes. It is intended to help users understand the ways in which the views of children affected by family court proceedings can be heard in Alberta.
This report describes the ways in which children may participate in proceedings under the Divorce Act, Family Law Act, and the Child, Youth and Family Enhancement Act.
Why is it important to hear from children in family court proceedings?
A child’s interests are at issue in family court proceedings. The United Nations Convention on the Rights of the Child establishes that the primary consideration in all matters or actions concerning children should be the best interests of the child. Children also have a right to be heard in all matters affecting them. The Convention on the Rights of the Child has not been incorporated directly into Canadian law. Canada and Alberta have taken the position that their laws, policies, and practices already comply with obligations under the Convention.
Legal rights are not the only reason to hear from children. Research shows that children want to participate without needing to take sides. Listening to the child’s views puts the focus on the child, can reduce conflict, and lead to a more satisfactory outcome.