What is the test for hearing evidence from a child in a family law case?
British Columbia, Canada
The following excerpt is from D.M. v. C.R., 2021 BCPC 318 (CanLII):
B.C. cases say that the judge has the ultimate decision about the method used to hear evidence from the child. As set out in Goldsmith v. Holden, 2021 BCSC 1509 at paragraph 9: There are a number of mechanisms by which a court can receive the views of a child in family litigation. Section 202 of the Family Law Act allows the court to admit hearsay evidence of a child and give any other direction the court considers appropriate concerning the receipt of a child’s evidence. This section is protective of children in the litigation context as it does not require them to be witnesses in any litigation. It allows a neutral third party to prepare a report setting out the child’s views and this report can be received by the court notwithstanding its reporting of hearsay evidence. Analysis
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