How do we hear a child's voice without making the child choose?

Information reviewed September 2026. Laws, policies and service processes can change, so use the linked official source when a current rule matters.

Children should be heard without being made responsible for the final decision.

PEI's Child, Youth and Family Services Act includes a child's views and preferences among the factors that must be considered in determining the child's best interests, with weight appropriate to age and maturity. It also recognizes relationships, stability, culture, identity and family preservation.

PEI Child, Youth and Family Services Act

Listening is not the same as asking a child to choose.

Explain what will happen with what the child says.

Before asking sensitive questions, explain who will hear the information, whether it will be written down, and any limits to privacy or confidentiality. A child should not discover afterward that a private conversation became part of an adult dispute.

Use developmentally appropriate ways to participate.

• A younger child may communicate through play, drawings, routines or simple choices.
• An older child may want to speak directly, write something, use a trusted adult or participate in a structured process.
• A child with a disability may need communication support or more time.
• A child should be allowed to say they do not want to answer a question.

PEI has formal routes for children's views in some legal matters.

In family-law cases, a court may order a Views of the Child Report. PEI says these reports are usually most appropriate for children age 9 and older, although the suitability depends on the issue and circumstances.

If the Office intervenes, the Children's Lawyer represents the child only. The lawyer does not take instructions from the grandparent, parent or other caregiver, does not need their consent and does not have to tell them everything the child says. The lawyer may meet with the child, gather relevant information and participate in negotiation, mediation or court.

The Office of the Children's Lawyer does not intervene in Child Protection cases. Legal representation for a child in a Child Protection court proceeding follows a different process.

• PEI Views of the Child Reports
• Office of the Children's Lawyer
• Caregiver guide: when and how to request a Children's Lawyer

The Office of the Child and Youth Advocate is different.

PEI's independent Child and Youth Advocate listens to children and youth, helps their voices be heard, connects families with services and can support advocacy concerning government-funded reviewable programs. Children and youth can contact the office privately and do not need parental consent to speak with the Advocate.

PEI Child and Youth Advocate

Record the child's words separately from adult interpretation.

If the child's views need to be documented, distinguish what the child actually said from what an adult thinks it means. Avoid exaggerating a single comment into a permanent position.