Access to Justice Week webinar on Feb. 7 will help educate Albertans on importance of child representation and children’s legal rights
During high-conflict family matters, parents and guardians are often at the forefront, leaving children vulnerable to decisions made on their behalf.
So, who protects the kids?
Legal Aid Alberta (LAA) family lawyers help preserve children’s rights in the legal system while acting in their best interests to reach a resolution through child representation — something many Albertans may not know.
“We act as advocates for those who can’t speak up — children who are at the centre of high-conflict parenting disputes, but are not technically parties to the litigation,” says Vanessa Cork, a staff lawyer at LAA’s Lethbridge office. “We help get their voices heard by the courts.”
On Feb. 7, LAA lawyers are highlighting the importance of child representation during a free Access to Justice Week webinar on children and the law, which has already garnered hundreds of registrations from Albertans.
Attendees will learn about children’s rights when it comes to family legal matters, why children’s voices matter and how LAA helps. Registration is open on the LAA website.
What’s really best for the child?
Depending on age and maturity, Cork says her goal is to get the child’s perspective.
For older children, they may express strong preferences for the outcome they want.
When it comes to younger children, she relies on third-parties to help piece information together.
“While other lawyers may take a different approach, I usually meet really young children with their parent to get a general sense of their demeanor and personality. With older children, I meet them alone like I would an adult client,” Cork says. “I also reach out to other sources who can help me formulate a global view of the child’s life and what might be best for them – counsellors, health-care providers, educators, play therapists, for example.”
“This is what I present to the parents and, if necessary, to the court.”
LAA lawyers ‘valuable’ to the courts
Legal Aid Alberta’s role is to help disadvantaged and vulnerable Albertans protect and exercise their rights. And this is especially true for children.
All child representation orders are appointed by the court, sometimes at the request of the parents.
“Majority of my caseload right now is child representation files,” says Cork. “In my opinion, this is because the court really values the work that child representation lawyers do.”
Cork says that child representation lawyers’ involvement in high-conflict parenting cases often helps resolve matters before it ends up in front of a judge, saving the court resources and time — and a lot of back-and-forth for the parents.
“We provide a non-bias summary of the facts and information that we’ve gathered before we go to an ultimate resolution, like a trial. And this can help bridge the gap between parents with, for example, complete opposite ideas of what is best for the child.”
High-conflict cases are common
While many family cases that deal with parenting are far from amicable, high-conflict matters include a total breakdown of the relationship between co-parents.
According to Cork, high-conflict parenting disputes can include any of the following:
About Legal Aid Alberta
Legal Aid Alberta is a not-for-profit organization that provides legal representation and support for Albertans facing legal issues.
LAA provides legal services to clients in support of fairness in Alberta’s justice system – services that help ensure Albertans in all circumstances can understand and defend their legal rights.
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