I. Attorney for Children

Question 1

When is Attorney required for children?

Answer 1

1) Children subject of family court proceedings

2) Whether independent legal representation is NOT available

Question 2

What is expected in terms of Attorney’s representation of child in certain proceedings?*

Answer 2

JD/PINS proceedings
- Attorney must ‘zealously defend’ Child

Custody/Visitation/Family offence/Abuse/Neglect proceedings
- Attorney must ‘zealously advocate’ Child

Question 3

Should Attorney follow Child’s wishes if Child is knowing, voluntary and considered judgment?

Answer 3

Yes (even if NOT in Child’s best interests)

UNLESS Child lacks capacity for knowing, voluntary and considered judgment

UNLESS Child’s wishes will likely result in substantial risk of imminent, serious harm to Child

=> Attorney must inform Court of Child’s wishes if Child wants Attorney to do so