Mandatory legal representation for children in custody, access and child protection proceedings

Mandatory legal representation for children in custody, access and child protection proceedings

Mandatory legal representation for children in custody, access and child protection proceedings

Mandatory legal representation for children in custody, access and child protection proceedingss

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Référence bibliographique [3762]

Fleishman, Jodi Rebecca. 2005. «Mandatory legal representation for children in custody, access and child protection proceedings». Mémoire de maîtrise, Montreal, Université McGill, Faculté de droit.

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Fiche synthèse

1. Objectifs


Intentions :
« The purpose of this paper is to examine in its entirety the relationship between the ’best interests of the child’ principle and a child’s entitlement to have their interests represented in a court of law by independent counsel in custody, access and child protection proceedings. Specifically, it is argued that if the guiding principle in family law cases is truly ’the best interests of the child’ then the court has the obligation to examine all the evidence submitted by the parties, including the needs, preferences and special concerns of the child. » (p. 3)

2. Méthode


Type de traitement des données :
Analyse de contenu et réflexion critique

3. Résumé


« The principle ’best interests of the child’ has been expanded by the legal community in recent years to apply to any matter involving children in family law proceedings. The weight ascribed to this principle, however, has been diluted. In custody, access and child protection cases, evidence of which custodial arrangements are in a child’s interests are often presented by adult parties in prolonged and costly proceedings. The judge makes an order which is intended to meet the child’s ’best interests’, in the child’s absence. This paper examines the historical and theoretical justifications for children’s rights in Canadian and international law and the ’best interests’ principle. Second, the concept of ’legal representation for children’ is explored, with specific reference to inconsistencies in the jurisprudence concerning the role of independent representation for children. This paper argues that to truly reflect a custodial or access arrangement made in the child’s ’best interests’, it is imperative that the child’s voice be heard by the court through independent legal counsel assigned to represent that child’s individual needs and concerns. » (résumé)