Child’s lawyer

I have been a lawyer specializing in family law for 15 years and I often represent children at the Superior Court. As a general rule, I am appointed to represent a child at the suggestion of the parties’ lawyers in a family law case, but the judge might also appoint me herself. In all cases, the goal is to ensure the protection of the child’s interests. Of course, a young person can contact a lawyer himself and ask to be represented, but when I receive such a request I have to be sure that neither of the parents is trying to gain an advantage from it.

It’s normal for a parent to try to influence his child, but sometimes some of them go a little too far. I occasionally find myself before a young person who is standing up for one of his parents. I try to present the situation to him from another angle, so that he realizes that there are two sides to every coin. These efforts often work, allowing for proper negotiations and a settlement between the parties. Sometimes, however, my attempts are in vain and the child persists in wanting to take his mother’s or his father’s side. In such a case, my role as lawyer can vary depending on the age and the maturity of my client. If he is able to understand all the issues of the case (generally, this is the case for children 12 years or older), I have to tell the judge the child’s wishes, even if I am convinced that they are not necessarily in his best interest and more in the interest of the overly influential parent. If the child is younger, I have to defend what I believe to be the best solution for the well-being of my client, according to the evidence presented in court.

Sometimes a child will tell me a secret that he asks me not to tell to his parents. I remember, among others, a little girl who was sexually assaulted by her stepfather and who asked me not to tell her parents about this situation. She agreed to let me tell the judge, though. So, I spoke to the judge in the absence of the parents and their lawyers and explained the problem to him. I am certain that he took it into account in making his decision, but he didn’t mention a word about it in his judgment. Of course, he had many other reasons to decide the way he did.

The courthouse is not a place where children exactly dream of being! I do everything in my power to keep them from having to testify. When there is no way to avoid it and my client is called to the witness box, the parents are asked to leave the courtroom while I stay at his side. Presently I am representing an 11-year-old boy who is very articulate and mature. He understands all of the aspects of the problem. At our first meeting, I could tell he was on the defensive, which is quite understandable. I was soon able to establish a climate of trust that allowed him to share his thoughts and feelings. Like many children, his first wish was for his parents to reconcile; his second, that he not have to choose between his father and mother; his third, that the dispute end as quickly as possible. All this made perfect sense to me. I reassured him on at least one point, telling him that he would not have to choose between his father and his mother. His parents need to decide which of them he will live with. If they cannot, then it will be for the judge to decide. I also took the time to explain to my client how the hearing would work. What matters most is that he tells the judge the truth and speaks from his heart.

I am always awed to see the maturity and generosity that children display during events as difficult as the separation of their parents. Most parents want happiness for their children, but they sometimes need advice to make the right decision about custody. One part of my role is to provide ideas to help their reflection along. If, in the end, it is a judge who must decide, I know that he will pay special attention to what I say in my client’s name. It is a role that demands rigour, empathy and sensitivity, and I am honored to be able to fill it regularly.