The Office of the Children’s Lawyer becomes involved in family law cases by way of a court order. These cases may be custody and access disputes or they may be child protection matters involving a children’s aid society.
The court can request the appointment of the Children's Lawyer under the Courts of Justice Act. This happens when there is a dispute before the court about a child’s custody or access and the court requires independent information and representation about the interests, needs and wishes of the child. The Children’s Lawyer has the discretion to decide whether or not to accept a case. If a case is accepted, the Children’s Lawyer may provide a legal representative (a lawyer) for the child, may prepare a report by a clinician, or may provide a lawyer assisted by a clinician.
In a child protection matter, the court may order the appointment of the Children’s Lawyer under the Child and Family Services Act. In child protection cases, the Children’s Lawyer will provide a legal representative for the child upon receiving an order from the court.
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