Voice of the Child Reports

In the complex and often emotionally charged landscape of high-conflict divorce within New Zealand, ensuring the welfare and best interests of children remains paramount. The Family Court system in NZ has mechanisms in place to gather a child’s perspective, most notably through Voice of the Child Reports. These critical documents play a pivotal role in informing judicial decisions regarding parenting arrangements, allowing the child’s views to be heard directly and impartially, rather than filtered through the parents’ interpretations.

A Voice of the Child Report NZ is a formal document prepared by a specialist, typically under Sections 132 or 133 of the Care of Children Act 2004, which outlines a child’s views and preferences regarding their care arrangements in family court proceedings, ensuring their perspective is considered by the judge. These reports are commissioned to provide an objective insight into the child’s emotional state, wishes, and perceived needs, directly impacting parenting order determinations.

Understanding the Voice of the Child Report NZ: Section 132 and 133

In New Zealand family law, the ‘Voice of the Child’ is not merely an abstract concept; it is a legally recognised right embedded within the Care of Children Act 2004. This legislative framework mandates that a child’s welfare and best interests are the paramount consideration in all decisions concerning them, and that, where appropriate, the child’s views should be ascertained and taken into account. The primary mechanisms for formalising these views are through reports commissioned under Sections 132 and 133 of this Act.

What is a Voice of the Child Report?

At its core, a Voice of the Child Report is an independent assessment designed to capture and convey a child’s authentic perspective on their living situation, care arrangements, and relationships with their parents or guardians. It is not an advocacy document for either parent, nor is it a therapeutic intervention. Instead, it serves as an objective conduit, ensuring that the child’s voice, free from parental influence, reaches the Family Court judge.

These reports are typically prepared by professionals such as psychologists, social workers, or specially trained counsellors who have expertise in child development and family dynamics. The report writer’s role is to meet with the child, often on multiple occasions and in a neutral setting, to build rapport and facilitate an open discussion about their feelings, wishes, and experiences concerning their family situation. The depth and scope of these conversations are carefully tailored to the child’s age, maturity, and developmental stage, recognising that a young child may express themselves through play or drawing, while an older adolescent might articulate their views verbally.

The Legal Framework: Sections 132 and 133 of the Care of Children Act 2004

The legal authority for commissioning Voice of the Child Reports stems directly from the Care of Children Act 2004:

• Section 132 (Child’s Views Report): This section allows the court to direct a social worker or other suitably qualified person to ascertain and report on the views of a child. The focus here is specifically on understanding the child’s stated preferences and opinions regarding their care. It’s often used when the court primarily needs to understand the child’s expressed desires, assuming the child is old enough and mature enough to articulate them.
• Section 133 (Welfare and Best Interests Report): This is a broader and often more comprehensive report. Under Section 133, the court directs a social worker or another qualified person to furnish a report on any matter relating to the welfare and best interests of the child. While it includes ascertaining the child’s views, it goes further by providing an independent assessment of the child’s overall welfare, considering their physical, emotional, and psychological needs within the family context. This might involve observing interactions, interviewing parents and other significant adults, and reviewing relevant documents, thereby offering a holistic view of the child’s situation.

Key Differences Between Section 132 and 133 Reports

While both sections aim to bring the child’s perspective to the court, their scope differs significantly:

• Focus: Section 132 is primarily concerned with the child’s ‘views.’ Section 133 is concerned with the child’s overall ‘welfare and best interests,’ which encompasses but is not limited to their views.
• Scope of Inquiry: A Section 132 report is generally narrower, focusing on direct communication with the child. A Section 133 report involves a much broader investigation, often including interviews with both parents, observations of the child with each parent, and potentially consultation with other professionals (e.g., teachers, doctors) involved in the child’s life.
• Depth of Assessment: Section 133 reports typically involve a deeper psychological and social assessment of the family dynamics and their impact on the child. Section 132 reports are more direct reports of what the child has expressed.

The choice between commissioning a Section 132 or 133 report rests with the judge, who will determine which type of report best serves the specific needs of the case and the child involved.

The Role of the Report Writer

Report writers are crucial in upholding the integrity of the child’s voice. They are expected to be impartial, objective, and adhere to strict ethical guidelines. Their duties include:

• Establishing Rapport: Creating a comfortable and trusting environment for the child.
• Age-Appropriate Communication: Using methods suitable for the child’s developmental stage.
• Maintaining Neutrality: Ensuring that no parental influence or personal bias impacts the child’s expression or the report’s content.
• Accurate Reporting: Faithfully conveying the child’s views and observations without embellishment or interpretation beyond professional assessment.
• Confidentiality: Explaining the limits of confidentiality to the child.

The report writer acts as an independent expert for the court, providing a lens through which the judge can better understand the child’s experience and perspective. Their professional observations and assessments are vital in ensuring that the child’s best interests are properly served within the legal process.

Preparing Your Child for a Voice of the Child Report Without Coaching

One of the most critical aspects of the Voice of the Child process is ensuring the child’s views are authentic and uninfluenced by parental pressures. Parents often feel a natural urge to ‘prepare’ their child, but this can inadvertently cross the line into coaching, which undermines the integrity of the report and, more importantly, can be detrimental to the child’s emotional well-being and the court’s ability to make fair decisions. The goal is to provide a safe, neutral space for the child to share their thoughts freely.

Creating a Safe and Neutral Environment

The primary responsibility of parents, when a Voice of the Child Report is ordered, is to facilitate the process without introducing bias. This begins with creating a safe and neutral environment for your child, both emotionally and physically, leading up to and during the report writer’s sessions:

• Emotional Safety: Avoid discussing the specifics of the court case or your personal feelings about the other parent with your child. Children are highly attuned to parental stress and may feel a burden to ‘take sides’ or protect a parent.
• Physical Logistics: Ensure your child attends appointments on time, well-rested, and well-fed. If the meeting is at a neutral location, reassure them about who will be there and what to expect in general terms (e.g., “you’ll talk to someone who wants to hear about your ideas”).
• Reassurance: Let your child know that their feelings are valid, and it’s okay to express whatever they truly think or feel, without fear of repercussions from either parent.

Explaining the Process to Your Child

While avoiding coaching, it’s appropriate and helpful to explain the process to your child in an age-appropriate and neutral manner. Transparency, within limits, can reduce anxiety:

• Use Simple Language: For younger children, you might say, “A grown-up will talk to you about your ideas for where you live and what you do with Mummy/Daddy. They just want to hear what you think.”
• Emphasize Listening: Explain that the person’s job is to listen to children, not to tell them what to say.
• Focus on Their Voice: Reinforce that this is their opportunity to share their thoughts and feelings directly, and that their honesty is important.
• Avoid Pressure: Do not imply that their ‘right answer’ will help you win the case. Frame it as helping the grown-ups understand what’s best for them.

Example for a slightly older child: “The Family Court judge needs to make decisions about where you’ll live and what your schedule will be. They want to hear directly from you about your ideas and feelings, so they’ve asked a special person to talk with you and then tell the judge what you’ve shared. This person is independent, and their only job is to listen to you.”

The Dangers and Ethical Implications of Coaching

Coaching a child—whether explicitly telling them what to say or subtly influencing their responses through leading questions, emotional manipulation, or presenting a one-sided narrative—carries significant risks:

• Invalidates the Report: If a report writer suspects coaching, it significantly diminishes the credibility and weight of the report, potentially requiring further investigations or even a new report.
• Emotional Harm to the Child: Children subjected to coaching feel immense pressure. They may experience guilt, anxiety, and loyalty conflicts, feeling torn between pleasing a parent and being honest. This can exacerbate existing trauma from family separation.
• Damages Parental Credibility: If a judge finds evidence of coaching, it can severely damage the parent’s credibility and may reflect poorly on their ability to prioritise the child’s needs over their own.
• Contributes to Alienation: Coaching can be a form of parental alienation, where one parent attempts to turn the child against the other. This is extremely harmful to the child’s long-term relationship with both parents.

Report writers are highly skilled in identifying signs of coaching, such as rehearsed answers, language beyond the child’s developmental stage, or inconsistencies in their narrative. They will note any concerns about parental influence in their report to the court.

Focusing on Your Child’s Well-being

Ultimately, the best way to ‘prepare’ your child is to ensure their emotional stability and comfort. Focus on their well-being throughout the process:

• Listen to Them: After their sessions, listen if they want to talk about it, but avoid prying or asking leading questions. Validate their feelings without interpreting them.
• Maintain Routine: Keep their daily routines as consistent as possible to provide a sense of security.
• Seek Support: If you are struggling with your own emotions, seek support from friends, family, or a counsellor rather than burdening your child.
• Trust the Process: While imperfect, the Voice of the Child Report is designed to serve your child’s best interests. Trusting the independent professional to do their job allows your child the space to be authentic.

By upholding neutrality and focusing solely on your child’s emotional safety and ability to communicate freely, you contribute positively to a process designed to help the court make the best possible decisions for their future.

How Judges Utilise Voice of the Child Reports in Family Court Decisions

Voice of the Child Reports are powerful pieces of evidence within the New Zealand Family Court system, but it’s crucial to understand that they are not the sole determinant of a judge’s final decision. Judges carefully weigh these reports alongside all other evidence presented, always guided by the paramount principle of the child’s welfare and best interests. The report provides a crucial lens, but it’s part of a much larger evidentiary picture.

The Judge’s Perspective: Considering the Child’s Wishes

Under Section 5 of the Care of Children Act 2004, when making decisions about children, the court must have regard to any views expressed by the child, taking into account their age and maturity. The Voice of the Child Report directly facilitates this by providing the judge with a distilled, independent account of the child’s perspective. Judges view these reports as:

• Direct Insight: A direct line to the child’s thoughts, feelings, and preferences, which might otherwise be obscured or filtered by parents.
• Neutral Information: A professionally prepared, independent assessment, which is often seen as more objective than parental testimony.
• Contextual Understanding: Reports often provide context for the child’s views, including their reasons, emotional state, and any potential influences, which helps the judge assess the weight to give those views.

The judge will pay close attention to the child’s stated wishes, particularly if the child is older and demonstrates a higher degree of maturity and understanding of the implications of their choices. However, a child’s wish is not an order; it’s a significant factor to be considered, especially for older children.

Weighing the Report with Other Evidence

A Voice of the Child Report is one piece of the puzzle. Judges consider it alongside:

• Parental Evidence: Affidavits and testimony from both parents, outlining their proposals for care arrangements and their perspectives on the child’s needs.
• Other Expert Reports: Psychological assessments of parents, cultural reports, or medical reports if relevant.
• Lawyer for Child Submissions: If a lawyer has been appointed for the child, their submissions will represent the child’s best interests, drawing on the Voice of the Child Report but also other relevant information.
• Evidence from Other Witnesses: Teachers, family members, or other professionals who may have relevant observations.
• The Child’s Living Situation: Practical considerations such as proximity to school, support networks, and stability.

The judge’s task is to synthesise all this information to form a comprehensive understanding of what truly serves the child’s welfare. For example, a child may express a strong wish to live with one parent, but if other evidence suggests that parent has significant safety concerns or an inability to meet the child’s fundamental needs, the judge may determine that the child’s expressed wish, while valid, is not in their overall best interest.

Limitations and Contextual Considerations

Judges are also acutely aware of the limitations and nuances of these reports:

• Child’s Age and Maturity: The younger a child, the less weight their direct wishes might carry, as their ability to understand long-term consequences is still developing. Their views are still important but might be interpreted through a broader welfare lens.
• Potential for Influence: While report writers strive for neutrality, judges are mindful of the potential for subtle parental influence, and if suspected, this can reduce the weight given to the child’s expressed views.
• Snapshot in Time: A report reflects the child’s views at a specific point in time. Children’s feelings can change, and judges understand this.
• Scope of the Report: As discussed, a Section 132 report on views is narrower than a Section 133 welfare report. The judge will consider what specific questions the report was commissioned to answer.

The ‘Welfare and Best Interests’ Principle

Ultimately, every decision a Family Court judge makes concerning a child is governed by the paramount principle of the child’s welfare and best interests. This means that while a child’s voice is highly valued, the judge’s role is not simply to rubber-stamp a child’s preference. Instead, they must consider a wide range of factors, including:

• The child’s physical and emotional safety.
• Their need for a stable and loving environment.
• Their relationship with each parent.
• Their cultural identity and heritage.
• Their education and health needs.
• Their views, considering their age and maturity.

The Voice of the Child Report is an indispensable tool that helps the judge navigate these complex considerations, ensuring that the child’s perspective is heard and respectfully integrated into a decision-making process that prioritises their holistic well-being.

Challenging a Voice of the Child Report: Addressing Perceived Bias or Flaws

While Voice of the Child Reports are intended to be independent and objective, parents may sometimes have concerns about their accuracy, completeness, or perceived bias. Challenging such a report in the Family Court is a complex legal undertaking that requires careful consideration and strategic action. It is not a process to be entered into lightly, as the court generally places significant weight on these professionally prepared documents.

Identifying Potential Grounds for Challenge

Before considering a challenge, it’s crucial to identify legitimate grounds. Not liking the report’s conclusions is generally not sufficient. Valid reasons for challenging a report might include:

• Procedural Irregularities: The report writer failed to follow the court’s directions, did not interview relevant parties (where a Section 133 report was ordered), or did not spend adequate time with the child.
• Factual Inaccuracies: The report contains significant factual errors that, if corrected, could alter the report’s conclusions. These must be verifiable and material, not minor discrepancies.
• Evidentiary Basis: The report’s conclusions are not supported by the evidence gathered or are based on speculative assumptions rather than observed facts.
• Lack of Impartiality/Bias: There is objective evidence that the report writer exhibited bias towards one parent or a predetermined outcome. This is a high bar to meet, as allegations of bias must be substantiated, not merely felt.
• Exceeding Mandate: The report writer ventured outside the scope of what they were commissioned to report on.
• Failure to Consider Relevant Information: The report writer overlooked or ignored crucial information that was available and relevant to the child’s welfare.

The Process of Challenging a Report

If you believe there are valid grounds, the process for challenging a report typically involves several steps:

1. Early Communication: If possible, raise concerns directly with the report writer in writing once you receive the draft (if a draft is provided) or the final report. This can sometimes lead to clarifications or minor amendments.
2. Seeking Legal Advice: This is a non-negotiable step. A family law specialist will assess the strength of your grounds, explain the potential risks and benefits, and guide you through the legal strategy.
3. Filing a Notice to Cross-Examine: The most common method of challenging a report is to apply to the court for leave to cross-examine the report writer. This means your lawyer will question the report writer under oath in court about their methodology, findings, and conclusions. This is a powerful tool but can be costly and stressful.
4. Filing an Affidavit in Response: You can file an affidavit outlining your disagreements with specific points in the report, providing your own evidence to contradict or clarify its contents. This is often done in conjunction with seeking to cross-examine.
5. Requesting a Supplementary Report: In some cases, if there are specific gaps or new information has emerged, the court might be persuaded to order a supplementary report from the same writer, or even a second, independent report from a different professional, though this is less common due to cost and potential for further delay.

Seeking Expert Legal Advice

The intricacies of challenging a Voice of the Child Report necessitate expert legal counsel. A skilled family lawyer will:

• Evaluate Your Grounds: Objectively assess whether your concerns constitute strong enough grounds for a challenge.
• Advise on Strategy: Determine the most effective legal approach, whether it’s cross-examination, an affidavit, or seeking a supplementary report.
• Prepare for Cross-Examination: If cross-examination is pursued, they will meticulously prepare questions designed to highlight inconsistencies, biases, or procedural errors in the report.
• Manage Expectations: Provide a realistic understanding of the likelihood of success and the potential costs involved.
• Focus on the Child’s Best Interests: Ensure that any challenge aligns with the overarching principle of the child’s welfare, as the court will be wary of challenges motivated purely by parental dissatisfaction.

Engaging in a challenge is not about attacking the report writer personally, but rather about ensuring the accuracy and reliability of the information presented to the court, ultimately serving the child’s true best interests.

Supplementary Reports and Cross-Examination

If the court grants leave for cross-examination, your lawyer will question the report writer. The aim is not to discredit the individual but to test the robustness of their findings and methods. This might involve questioning:

• The time spent with the child and each parent.
• The tools or methods used to ascertain the child’s views.
• Any potential external influences observed.
• The logical flow from observations to conclusions.
• Any information that was available but seemingly overlooked.

In rare circumstances, if significant flaws are exposed or new, crucial information becomes available, the court might order a supplementary report or, in very exceptional cases, a completely new report by a different professional. However, judges are generally reluctant to do this due to the additional time, cost, and potential stress on the child.

Challenging a Voice of the Child Report is a serious step, but when legitimate concerns exist, it is a vital mechanism to ensure fairness and accuracy in decisions that profoundly impact a child’s life. Always act with the child’s ultimate welfare at the forefront of your strategy.

Conclusion: Prioritising the Child’s Voice in NZ Family Law

Voice of the Child Reports in New Zealand, specifically under Sections 132 and 133 of the Care of Children Act 2004, represent a cornerstone of a child-centric family justice system. They serve as a critical bridge, ensuring that the unique perspectives, needs, and desires of children are not lost in the often-turbulent currents of parental separation and legal proceedings. These reports empower children to have their say, fostering a sense of agency and respect for their inherent right to be heard on matters that directly affect their lives.

For parents navigating these challenging circumstances, understanding the purpose, process, and implications of these reports is paramount. The emphasis on preparing a child without coaching underscores the legal and ethical imperative for authenticity, protecting the child from undue pressure and ensuring the integrity of the judicial process. Judges, as the ultimate arbiters, meticulously integrate the insights from these reports with all other available evidence, always striving to uphold the paramount principle of the child’s welfare and best interests.

While the process is designed for impartiality, avenues exist to challenge reports where genuine concerns about bias, factual inaccuracies, or procedural flaws arise. However, such challenges demand robust legal strategy and a steadfast focus on the child’s welfare rather than purely parental grievances. The overarching aim of these reports is to move beyond mere legal technicalities to genuinely hear and respond to the child’s voice, fostering resolutions that promote stability, well-being, and healthy development amidst family change. By upholding the integrity of the Voice of the Child, New Zealand’s Family Court system strives to create outcomes that truly prioritise the children it serves.

People Also Ask

What is the primary difference between a Section 132 and a Section 133 report?

A Section 132 report primarily focuses on ascertaining and reporting the child’s direct views and wishes regarding their care. A Section 133 report, while including the child’s views, provides a broader assessment of the child’s overall welfare and best interests, often involving interviews with parents and observations of family dynamics.

Can parents refuse a Voice of the Child Report in NZ?

If the Family Court orders a Voice of the Child Report, parents generally cannot refuse to participate or prevent their child from participating. Such an order is a directive from the court to assist in making decisions about the child’s welfare, and non-compliance can have serious consequences in the court proceedings.

How long does a Voice of the Child Report take to complete?

The duration varies depending on the complexity of the case, the availability of the report writer, and the child’s needs. Typically, it can take anywhere from a few weeks to several months from the date the order is made until the final report is submitted to the court and parties. Delays can occur due to scheduling, gathering information, or the need for multiple sessions with the child.

Who pays for a Voice of the Child Report in New Zealand?

The costs for Voice of the Child Reports are generally shared between the parents, or sometimes one parent is ordered to pay if their financial circumstances allow. In some cases, if parents qualify for legal aid, the costs may be covered. The court ultimately determines how the costs are apportioned.

What qualifications does a Voice of the Child report writer need?

Voice of the Child report writers are typically professionals with expertise in child development, psychology, social work, or counselling. They must be suitably qualified and have specific training and experience in working with children in family law contexts. The court ensures that appointed professionals meet specific standards of practice and impartiality.

Can a child’s wishes in a report be overruled by the judge?

Yes, a child’s wishes can be overruled. While the judge must consider a child’s views (especially considering their age and maturity), the paramount consideration is the child’s overall welfare and best interests. If a child’s expressed wish is deemed not to be in their best interests by the judge, based on all available evidence, the judge may make an order contrary to that wish. The older and more mature the child, the more weight their wishes carry, but it is never the sole factor.