E.P. v. S.P.

E.P. v. S.P.

A Voice of the Child Report was warranted because the children’s ages made ascertaining their views necessary to determine their best interests, an independent assessor could evaluate influence or coaching, the matter was at an early stage so a report would not unduly delay proceedings, the parties could afford it, and it would likely provide reliable information otherwise unavailable to the court.

Citation
2016 NSSC 173
Parties
Applicant: E.P.; Respondent: S.P.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 June 2016
Procedural Posture
Family Law Custody/parenting / Interlocutory Motion for Voice of the Child Report
Outcome
Ordered: Voice of the Child Report to be prepared; declined to direct mandatory review of filed affidavits; assessor may review court file at their discretion; parties to attempt to agree on report parameters; court reserves jurisdiction.
Legal Topics
Voice of the Child Report, Best Interests of the Child, Expert Evidence, Interim Parenting Arrangements, Judicial Case Management
Source Language
English
Family Law Child Welfare Custody and Access Relocation Voice of the Child Report Best Interests of the Child Expert Evidence Interim Parenting Arrangements +1 more

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Parties

E.P.

Applicant

S.P.

Respondent

Procedural Posture

Family Law Custody/parenting / Interlocutory Motion for Voice of the Child Report

Legal Issues

  1. 1 Whether a Voice of the Child Report should be ordered
  2. 2 Whether the children’s views can be reliably ascertained given ages and conflict
  3. 3 Whether an assessor should be directed to review affidavits/court materials

Ratio Decidendi

A Voice of the Child Report was warranted because the children’s ages made ascertaining their views necessary to determine their best interests, an independent assessor could evaluate influence or coaching, the matter was at an early stage so a report would not unduly delay proceedings, the parties could afford it, and it would likely provide reliable information otherwise unavailable to the court.

Court Disposition

Ordered: Voice of the Child Report to be prepared; declined to direct mandatory review of filed affidavits; assessor may review court file at their discretion; parties to attempt to agree on report parameters; court reserves jurisdiction.

Orders

  • Voice of the Child Report to be prepared in relation to the children
  • Assessor is not directed to review filed affidavits but may review the court file at the assessor's discretion