Global News 640: Children's Voices in Divorce - Featuring Alyssa Bach, Shulman & Partners

Alyssa Bach, Associate Lawyer at Shulman & Partners LLP, joined Global News 640 to explain how updates to Canada’s Divorce Act are shaping the way children’s voices are considered in parenting decisions. The discussion focused on children’s views and preferences, and why it matters that this factor is now expressly listed among the considerations judges are required to weigh. For families navigating separation, this shift can help clarify what courts look for when determining a child-focused parenting outcome, while also reinforcing an important boundary: children’s perspectives should be gathered in ways that protect them from conflict and pressure. The segment offered practical context on how views are assessed, why the child’s age and maturity matter, and what supportive professionals may be involved.

“It’s also important to distinguish that having your views before a judge and heard does not always equate to meaning that you are going to be able to make the decision. So, really understanding the difference there is that it is still just one factor in many that are considered.”
— Alyssa Bach, Associate Lawyer, Shulman & Partners LLP

In the interview, the host introduced a recent change to Canada’s Divorce Act that highlights children’s views and preferences more directly in parenting-related decisions. Alyssa explained that this is not a brand-new concept in family law. Courts have long recognized that a child’s perspective can be important. What the legislative change does, however, is place children’s views and preferences into the list of factors judges are required to consider, reinforcing that this information should generally be before the court unless there is a reason it cannot be obtained.

She emphasized that this does not mean children are being pushed into adult conflict. The goal is not to have children attend court or feel responsible for outcomes. Instead, the law supports gathering a child’s views through structured, age-appropriate processes that reduce pressure and protect the child from feeling caught between parents. Alyssa also flagged a common misunderstanding: being heard is not the same as deciding. A child’s views are considered, but they are one factor among many in a broader best-interests analysis.

A practical part of the discussion focused on how courts and professionals assess a child’s input. She noted that Ontario has the Office of the Children’s Lawyer, a government body that may become involved to help bring a child’s views forward. That involvement can take different forms, including appointing a lawyer to communicate the child’s views and preferences, or involving a clinician who can assess relevant factors and make recommendations.

The segment also clarified why a child’s age and maturity matter. Alyssa explained that younger children, especially those under five, may have difficulty expressing consistent views, or may not be developmentally positioned to understand what is happening. In those cases, it may be more helpful for professionals to observe the child’s experiences and functioning, rather than relying on a simple statement of preference. As children get older, their views may be more stable and may align more clearly with their best interests, but she stressed that maturity is individual. Two children of the same age can present very differently in consistency and insight.

Finally, Alyssa outlined options families may consider depending on the level of conflict. In lower-conflict situations, parents may be able to speak with a child together in a safe, non-conflictual way. Where conflict is higher, third-party supports such as mediators, parenting assessments, or child-focused professionals can help ensure the child’s voice is gathered appropriately and without adding to pressure.

Listen to the full Global News 640 segment here. 

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media  archive.