The Role of Children’s Counsel
Family law disputes can be emotionally charged and complex, especially when children are involved. Where parenting challenges are particularly high conflict, the court may appoint counsel to represent the involved children’s interests. This blog post will explore the purpose and responsibilities of a children's lawyer in family law disputes and how they can make a significant difference in the outcome of a case.
What is a Children’s Lawyer?
A children's lawyer, often referred to as a children’s counsel or a lawyer for children, is a legal professional who represents the interests of children in family law matters. Their primary focus is to ensure that the child's voice is represented in legal proceedings, especially concerning custody, access, and other parental disputes. An Albertan court is enabled to appoint a lawyer for the child by section 95 of the Family Law Act, and section 112 of the Child, Youth, and Family Enhancement Act.
A Children’s Lawyer might take an instructional role, representing the child’s expressed wishes to the court and advocating for them. If a child is less mature, and not able to give those instructions, the Children’s Lawyer may instead advocate for the child’s interests and needs based on the information provided by the child and their environment. Finally, the Children’s Lawyer may take on the role of amicus curiae, or “friend of the court”, in which counsel would serve an impartial role as opposed to an advocate role for the child, providing advice and information to the court to help it come to a decision that would serve the child’s best interests.
Purpose of a Children’s Lawyer
Representation of the Child: Children have a right to have their perspectives considered by the court in parenting disputes, however, it can be harmful to directly involve them in court processes and the parental conflict. Providing the child with representation allows the child’s voice to be heard by the court, while limiting exposure from the legal conflict to the child.
Communication of the Child’s Wishes: In family law cases, children may have their own opinions regarding where they wish to live or how much time they want to spend with each parent. A children's lawyer ensures that these views are communicated to the court, especially if the child is of sufficient age and maturity to express their wishes.
Objective Perspective: Family disputes can cloud judgment, often causing decisions driven by emotion rather than what is best for the child. A children’s lawyer provides an objective perspective, focusing on the child's needs apart from parental conflicts. This impartiality helps the court in making informed decisions.
Mediation and Conflict Resolution: Children’s lawyers can facilitate mediation between parents, promoting cooperative dispute resolution that aims to achieve amicable agreements. This approach is beneficial for children, as it reduces conflict and fosters a healthy co-parenting relationship.
When Does a Child Require a Lawyer?
In Alberta, a lawyer may be appointed for the child in specific circumstances, such as:
When there are disputes between parents regarding custody or access.
If there are allegations of abuse or neglect.
In situations where the child has unique needs that must be addressed in a legal context.
The Court must be satisfied that appointing a lawyer for the child is in their best interests (Puszczak v Puszczak, 2005 ABCA 426).
Final Thoughts
Navigating family law issues can be challenging, but the presence of a children's lawyer provides reassurance that the interests of the most innocent parties—children—are protected. By understanding their role, parents can better appreciate the support available to achieve a resolution that prioritizes their children’s futures.
If you are in a situation where you are considering counsel for your child, or the court has ordered Children’s Counsel, you can contact Kaye Booth directly at kaye@carterboothllp.ca. Kaye has extensive experience working with children, and is passionate about advocating for their best interests.
