About the Office of the Children’s Lawyer

The Office of the Children’s Lawyer (“OCL”) is an independent office within the Department of Justice and Public Safety.

We provide legal representation for children in complex family court matters when parents and caregivers (hereafter “parents”) are in significant conflict about:

• Parenting time
• Contact
• Decision-making responsibility

Our role is to make sure a child’s views and interests are heard when parents who live apart cannot agree.

What We Do

When the OCL gets involved, the Children’s Lawyer represents the child only — we do not represent either parent. The lawyer advocates for the child’s views and interests in court or during another dispute resolution process (e.g. negotiation, mediation).

When We Get Involved

We only become involved in high-conflict court matters where the Court is deciding parenting time, contact, or decision-making responsibility.

Anyone can make a confidential referral to the OCL, including judges, parents, caregivers, or service providers. To request a referral form or get help filling it out, call 902-368-4842.

Does the Office of the Children’s Lawyer get involved in every family law matter that’s referred to them?

No. We review each referral we receive to decide if we can help.

The OCL is doing an “inquiry” into my family law matter - what does that mean?

When we receive a referral, we first review it to decide whether to:

• do an inquiry (gather more information), or
• close the referral if it does not warrant further investigation (no inquiry).

If the OCL starts an inquiry, we send a letter to the Court and the parents (and their lawyer, if they have one) to let them know.

During an inquiry, 

• we will:
  • ask parents to complete an Intake Form about the family and any resources they’ve used (e.g. mediation, therapy, etc.)
  • review the court file
• we may also:
  • speak with the parents
  • speak with the child
  • gather information from the school, healthcare providers, and other sources

How We Decide Whether to Get Involved in a Family Law Matter

First, we check if we have legal authority to intervene. For example, we cannot get involved in:

• Child protection cases
• Issues about government services for children

We may also consider whether:

• the child’s views and interests are being considered
• our involvement will help ensure the child’s views and interests are heard
• we could help reduce conflict between parents
• the parents have tried other ways to resolve the conflict (e.g. mediation)
• our involvement could help improve the child’s well-being

We look at the child’s unique needs and circumstances before deciding whether to intervene.

At the end of the inquiry, we either:

• intervene (decide to represent the child); or
• decline to intervene (decide not to represent the child)

We notify the Court and the parents (and their lawyer, if they have one) of our decision.

When a Children’s Lawyer represents a child

If we intervene, we assign a Children’s Lawyer to represent the child.  

The Children’s Lawyer does not:

• Take instructions from parents
• Need parents’ consent
• Need to report information to parents

The Children’s Lawyer may:

• meet with the child
• meet with the parents or anyone asking for parenting time, decision-making responsibility, or a contact order
• collect information from schools, healthcare providers, and other sources
• make recommendations to parents
• refer the parents or the child to helpful resources
• participate in mediation or negotiations
• participate in court
• request a Parenting Arrangement Assessment or a Views of the Child report

The Court bases all decisions about parenting time, decision-making responsibility, and contact on the child’s best interests. The Children’s Lawyer’s role is to make sure the child’s views and interests are represented.  

Our Legal Authority

The OCL’s authority comes from section 33.1 of the Judicature Act. This includes the OCL’s authority to collect relevant information without consent of the child or parents.