Voice of the Child Reports in Ontario: When Does Their Opinion Matter?
Children are not property; they are people with rights. Understanding how the Office of the Children's Lawyer (OCL) and private professionals bring your child's views into the courtroom.
Legal Review: This guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Children's Law Reform Act and the 'Views and Preferences' mandate (2026).
Does My Child Get to Choose?
No. In Ontario, a child does not get to 'pick' which parent they live with until they are 18. However, children have a legal right to have their views heard and considered. A Voice of the Child (VOC) Report is a non-clinical document where a professional interviews the child and summarizes their stated wishes for the judge. It is lighter and faster than a full psychological assessment, giving the child a voice without forcing them to take the stand.
Knowing the Difference
One records what they say; the other analyzes why they say it.
Voice of the Child (VOC) Report
What:
A summary of the child's stated preferences (e.g., 'I want to live with Dad').
Who:
Done by a lawyer or social worker.
Depth:
Shallow. It does NOT analyze if the child is being coached or alienated. It just reports their words.
Section 30 Assessment
What:
A full clinical evaluation of the entire family unit.
Who:
Done by a Psychologist.
Depth:
Deep. It diagnoses mental health issues, parenting capacity, and whether the child's 'wishes' are genuine or the result of manipulation.
How a VOC Report is Created
The Court Order
You usually need a court order or a consent agreement to initiate a VOC report. The Office of the Children's Lawyer (OCL) may agree to do it for free, or you can hire a private professional.
The Interview
The professional meets the child (usually twice) in a neutral setting. They ask open-ended questions about school, home life, and their feelings about each parent.
The Report
A written report is produced verbatim or summarized. It does NOT make a recommendation on custody; it simply states: 'The child expressed a wish to see Mother on weekends.'
The Judge's Weight
The judge reads the report. For an older child (12-14+), these views carry heavy weight. For a younger child (under 10), they are considered but rarely determinative.
When Is a VOC Report Dangerous?
Risks for Parents
Parental Coaching
If a child uses adult language ('Dad is a narcissist'), the VOC report will record it. A savvy judge might see through it, but the report itself won't filter it out.
The Pressure Cooker
Asking a child to 'choose' can cause immense anxiety and guilt. Some children prefer not to have a voice to avoid hurting a parent.
Misinterpretation
A child might say 'I want to stay with Mom' simply because Mom has no rules and Dad makes them do homework. The VOC report doesn't analyze the 'why.'
Cost & Delay
While faster than a full assessment, private VOC reports can still cost $2,000-$5,000 and delay proceedings by months.
Child's Voice FAQs
Related Resources
Explore more guides to help you navigate custody and parenting matters
Parental Alienation vs. Estrangement
Understanding the difference between alienation and estrangement in Ontario law
The Office of the Children's Lawyer (Guide)
Complete guide to the Children's Law Reform Act in Ontario
How to Get Full Custody
Key considerations and steps for obtaining full custody of your child
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She regularly works with OCL counsel and private assessors to ensure her clients' children are heard safely and accurately in court proceedings.
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