Services

A child's right to have a voice in legal proceedings is protected under the United Nations Convention on the Rights of the Child.  Having a say in matters that directly affect oneself may seem like a simple, inherent right. However, this right is often overlooked or displaced when the focus is on legal battles or the enormous task of reconfiguring a new future for a family. Sometimes it is because of costs, other times it is the fear that children do not know what they want, and still other times, it is the concern that involving children will unnecessarily expose them to parental disputes directly.  However,  research suggests it is more beneficial to allow children the opportunity to express their own opinions and feelings than to shut them out of the process altogether. 

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Of course, the way to involve children in an Alternative Dispute Resolution ("ADR") or court process must be done with care and consideration. We have taken the time to learn age-appropriate ways to communicate with children in a safe,  patient, and non-confrontational manner to ensure they feel comfortable and secure at all times. We gently engage children in play and other activities, to gather information from them.  We take the time to get to know each child, from preschoolers to teenagers, earn their trust and explore their opinions and feelings so we can in turn relay their messages competently in Court or an ADR process.  

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Children's Counsel: 

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One way to present a child's voice is by having counsel appointed independently for the child.  Child's counsel represents neither parent but rather, the child.  Just like a lawyer would for parents, counsel for the child (if the child is able to give instructions) takes on an advocacy role to champion the child's position in the legal or ADR process. 

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Meeting with Children: 

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We can also present a child's voice by meeting with them and reporting back to the parents or mediator/arbitrator, what we observed or learned in meeting with the child. In this role, we are not an independent advocate. Rather, we are simply the medium through which the child's views, concerns and preferences are brought forth.  We remain a neutral party in the process. We will meet with the child (typically 2 meetings), to find out what is happening in their world at that one point in time and then provide the information to those who might need it to make an informed decision about the child. We can become involved in an ADR process on a limited scope to provide valuable and neutral information about the child, or, if we are also acting as the mediator, we can use the information gained from meeting with the child,  to more effectively guide parents towards a resolution on parenting matters.

  

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