Infants and Family Law: Advice for Parents.

• Author: Wotherspoon, Evelyn

Until you face a family law issue, you may never know that your pre-verbal children, who have not yet learned to speak, can have a lawyer appointed to represent them with or without your consent. Lawyers are routinely appointed through Office of the Child and Youth Advocate, for children and youth, including infants, who are involved in child protection matters in Alberta. The consent of parents is not necessarily required in these instances. A lawyer may be appointed for children and youth who are involved in divorce proceedings or family law proceedings, if their parents agree to it, or if a judge orders it.

The process is slightly different in different situations. The table below explains when a lawyer may be appointed and the cost associated:

Type of Level of court Is this Common? Proceeding Child protection Mostly Provincial Yes.- (also known as Court "child welfare") Divorce Usually the Court Rare to have lawyers appointed of Queen's Bench, for babies/toddlers.- sometimes Provincial Court Unmarried Sometimes Lawyers parents--Family Provincial Court, appointed often, especially if Law Act Sometimes Court both parents are of Queen's Bench self-represented (i.e. neither has a lawyer).- Type of Who pays for the lawyer? How much does it Proceeding cost? Child protection Office of the Chi Id and Youth Advocate. No cost to (also known as parents. "child welfare") Divorce 1. Legal Aid, $94/hour, generally split between parents. 2. CLERC (Children's Legal Education and Resource Unmarried Centre), no charge for parents. parents--Family Law Act 3. Privately hired lawyer, $200-300 per hour (will vary). Why Should My Baby Have A Lawyer?

Canada is a signatory to the United Nations Convention on the Rights of the Child. Among other things, Canada has agreed all children have a right to:

* be treated with fairness and respect;

* life, health, education and development;

* have adults care for them and act in their best interests; and

* respect and consideration of their views.

How are these rights ensured for a pre-verbal child in a family law matter?

The rights and interests of parents are not always the same as the rights and interests of their infants. Because of the rapid pace of development in the early years, and because early development sets the stage for life-long health and well-being, the infant has urgent needs. Specifically, infants need a chance to form a relationship with a consistent nurturing and sensitive caregiver, predictable...