The Alberta Law Reform Institute [ALRI] intends this report to help users of the family court system. ALRI’s goal is to help users understand the ways in which the views of children affected by family court proceedings can be heard in Alberta.

This report does not have recommendations for change. Instead, it is meant to be a helpful resource for legal professionals and users of the family court system.

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.

• Chapter One introduces the topic and describes the purpose of the report.
• Chapter Two describes the legal framework governing the child’s right to be heard.
• Chapter Three considers how courts and parties should choose between the methods for hearing from children.
• Chapter Four provides details about the methods for hearing from children that are currently available in Alberta’s family court system.

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. Although 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.