J.L.C. et al. v. J.L.L. et al., 2015 ABPC 262

• Judge: Cook-Stanhope, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: December 04, 2015
• Jurisdiction: Alberta
• Citations: 2015 ABPC 262;[2015] A.R. TBEd. DE.097

J.L.C. v. J.L.L., [2015] A.R. TBEd. DE.097

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. DE.097

J.L.C. and L.P.L. (applicants) v. J.L.L. and D.A. (respondents)

(150964120F1; 2015 ABPC 262)

Indexed As: J.L.C. et al. v. J.L.L. et al.

Alberta Provincial Court

Cook-Stanhope, P.C.J.

December 4, 2015.

Summary:

The parties were the parents of four-year old S. A dispute between them led to a Consent Order which required the father to pay child support, and a Consent Interim Parenting Order. A second dispute was between S.'s grandparents and the mother. The grandparents were seeking a Contact Order concerning their grandchild. A hearing concerning the grandparents' contact application was scheduled for January 26 and 27, 2016. On November 6, 2015, the grandfather asked the court to consider the appointment of counsel for the child. That followed a recommendation made by Burrell, J., who had conducted a JDR with the parties on November 3, 2015. The endorsement following the JDR indicated that a request should be made of the court to consider the appointment of counsel for S., under s. 95 of the Family Law Act (FLA).

The Alberta Provincial Court stated that "I have no doubt that the nature of this case is one of significantly 'high conflict' which might well lead to this child experiencing emotional pain and loss. That puts the Court on high alert and compels an elevated level of vigilance to ensure that the child in this legal tug-of-war is kept safe. That, alone, is sufficient to convince me that S. needs the help of her own lawyer. ... I am therefore directing that the Legal Aid Society comply with this Court's Order that counsel be appointed to act for S. and further that senior counsel be selected from the Society's roster."

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Courts - Topic 563

Judges - Powers - To appoint counsel - See paragraphs 7 to 59.

Family Law - Topic 2095

Custody and access - The hearing - Counsel - Representation of child's interests - See paragraphs 7 to 59.

Infants - Topic 6081

Legal proceedings - Representation of infants - General - See paragraphs 7 to 59.

Counsel:

L.P.L. and J.L.C., self-represented;

W. Aaron, Q.C., for the respondent, J.L.L.;

D.A., self-represented.

This matter was heard on November 6, 20 and 25, and December 4, 2015, before Cook-Stanhope, P.C.J., of the Alberta Provincial Court, who delivered the following ruling on December 4, 2015.