Children’s Lawyer Initiative

JULY, 2016

The Law Foundation of British Columbia has designated funds of up to $600,000 for the creation of a Children’s Lawyer’s Office for British Columbia. The purpose of the initiative is to support a two-year pilot project to establish a Children’s Lawyer’s Office for British Columbia. The Children’s Lawyer will provide direct legal services to children and youth in British Columbia in the areas of family law and child protection law, with possible other areas including mental health law, housing, youth criminal justice, employment law, school law, bullying, policing, and other areas of need.

[Read Funding Notice]

Legal Information Resources for Children and Youth

MAY, 2016

The Representative for Children and Youth and the Law Foundation of BC are working together to inform children and youth in BC about legal resources and services available to them . . . [the] research into this issue and consultations with youth found that when children and youth have legal problems they often turn to intermediaries such as social workers, school counsellors, or other trusted adults for help.

[Read press release]

Presumption of Child’s Views in New BC Law

BC has just unveiled its much anticipated proposed Family Law Act that makes the best interests of the child the sole consideration in deciding matters affecting the child. The proposed law Bill 16 – 2011 would require the child’s views to be considered “unless it would be inappropriate to consider them” in determining their best interests. This is a subtle but important shift as the new law presumes that the child’s views will be sought and considered, arguably placing an evidentiary burden on those suggesting it is inappropriate to hear from the child.

While the new law is a step in the right direction, resources are needed to actually implement its intent, consistent with the rights of all BC children. For example, while the Province currently funds 7 family justice counsellors to listen to children and complete “Views of the Child Reports”, this service does not reach every child in BC and there is a waiting time of 2 – 9 months from the time an order is made to the time the Report is in hand. The BC Hear the Child Society is working with the International Institute for Child Rights and Development with funding from the Vancouver Foundation that helps educate and train justice professionals to listen to children and address this gap.

Below is the proposed provision relating to best interests of the child.

Division 1 — Best Interests of Child

Best Interests of Child

37  (1) In making an agreement or order under this Part respecting guardianship, parenting arrangements or contact with a child, the parties and the court must consider the best interests of the child only.

(2) To determine what is in the best interests of a child, all of the child’s needs and circumstances must be considered, including the following:

(a) the child’s health and emotional well-being;

(b) the child’s views, unless it would be inappropriate to consider them;

(c) the nature and strength of the relationships between the child and significant persons in the child’s life;

(d) the history of the child’s care;

(e) the child’s need for stability, given the child’s age and stage of development;

(f) the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities;

(g) the impact of any family violence on the child’s safety, security or well-being, whether the family violence is directed toward the child or another family member;

(h) whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child’s needs;

(i) the appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;

(j) any civil or criminal proceeding relevant to the child’s safety, security or well-being.

(3) An agreement or order is not in the best interests of a child unless it protects, to the greatest extent possible, the child’s physical, psychological and emotional safety, security and well-being.

(4) In making an order under this Part, a court may consider a person’s conduct only if it substantially affects a factor set out in subsection (2), and only to the extent that it affects that factor.

Kathleen Bellamano

Parenting Coordinator | Facilitator | Mediator | Arbitrator
Ambitus Consulting
1076 Valewood Trail
Victoria, BC V8X 5G7

T: (250) 213-7898
F: (250) 477-5841
E: kat@katbellamano.com
W: katbellamano.com

Fees: 1 child $900, 2 children $1,400, $300/additional child **sliding scale available based on financial need

Kat has been working with families and children since 2003. She has a diverse practice providing child interviewing, parenting coordination, mediation, arbitration, med-arb, circles, restorative justice, assessment, coaching and facilitation; always with an emphasis on relationship building and working across differences. Her main area of focus is working with families and groups with complex circumstances such as high conflict, trauma or mental health challenges, addiction, involvement with the legal system or intercultural issues. She also provides the full range of her services by distance.

She is a Chartered Arbitrator and Mediator certified by ADR Canada, a Comprehensive Family Mediator certified by Family Mediation Canada, is on the rosters of Mediate BC, the BC Hear the Child, and the BC Parenting Coordinator Roster Society. She has a Bachelor of Social Work and is just finishing a Master of Social Work with a Clinical Specialization.

Dr. Laura Mills

Registered Psychologist

Dr. Laura Mills, R. Psych. #1406
250-3580 Moncton Street
Richmond, BC V7E 4J3
and
1097 Damelart Way
Victoria, BC V8M 1E3

T: 604-314-7548
E: ljrmills@gmail.com
W: drlauramills.com

Fees: TBD – Dependent on number of children

Dr. Laura Mills has a strong interest in the mental health needs of children. She has extensive experience interviewing children and evaluating their social/emotional needs. She has been qualified as an expert witness for issues related to best interests of the child. Dr. Mills has worked at the Winnipeg Children’s Hospital, Manitoba Adolescent Treatment Centre, Queen Alexandra Centre for Children’s Health, Ledger House in Victoria and at Child and Youth Mental Health in Duncan, BC and has provided psychological consultation to child maltreatment units in Winnipeg and Vancouver Island.

She is a certified Child and Play Therapist, supervisor and board member of the Canadian Association for Child and Play Therapy and a board member of the Canadian Centre for Child Protection. She has been an adjunct professor at the University of Manitoba and University of Victoria. Dr. Mills’ practice includes parent and child counselling, Hear the Child Reports, Views of the Child Reports and mental health assessments for children and teens.

Shirley Selski

Shirley SelskiFamily Mediator

Kamloops Family Mediation
#2 231 Victoria Street
Kamloops BC

T: 250 371 7137
E: info@kamloopsfamilymediation.ca
W: kamloopsfamilymediation.ca
 
Fees: Call for details

My experience includes over 10 years of child protection social work where I became skilled in interviewing children for possible child abuse and neglect. My training taught me to ask open questions that require more than a “yes/no” answer and to be mindful that each child may require extra time building rapport. I believe it is vital to build rapport with the child before questions are asked of them.

I currently work as a Family Group Conference Coordinator for a Delegated Aboriginal Agency and therefore, meet with children regularly to determine what they would like to see happen for their family. I use a variety of methods such as, drawing pictures, writing paragraphs and of course, free narrative. I am passionate about hearing the ideas children have regarding their own families, as their ideas often are the catalyst parents need to truly understand how their child/ren feel.

My private practice as a family mediator allows me to talk with children about what their ideas are regarding separation/divorce topics. Time with mom and dad, visits with extended family members, holidays, etc are all important issues for children. I believe once children feel like their voices have been heard, change begins to happen and the children feel included.

A neutral report is very helpful when making decisions about the children. Although each parent may have an excellent idea about how their child feels, it is gratifying and respectful to the children to have it documented by a third party.

Victoria Launch Roster Event a Success!

We are delighted that 15 people officially launched the BC Hear the Child Society’s Roster of Child Interviewers on May 10, 2012 at the offices of Brown Henderson Melbye in Victoria.

The launch event participants included a BC Provincial Court Judge, and a Nanaimo participant.

Six Victorians are on the Launch Roster list and now available to be called upon to conduct non-evaluative child interviews:

  • Trudi Brown
  • Kay Melbye
  • Crystal Buchan
  • Mary Mouat
  • Bobbi Poushinsky
  • Eugene Raponi

The non-evaluative child interview has been a valuable tool for those who have used it to date. A couple of examples that were shared:

  • the non-evaluative interview served as an ”ice-breaker” in re-establishing relationships between a child, father and grandparent that was a critical event in the grandparent’s life as relayed on his death bed; and
  • the mere act of listening to a child in a dispute can make a positive difference to the child’s well-being as attested to by a parent who made a point of calling the child interviewer after the proceeding to relay this message.

Situations where it may not be appropriate to interview a child are where the child is too young, or when the issue in dispute between the parties does not affect the child.

There was some great discussion about the Roster and how it will work. One participant asked, “how can we make sure there is the perception of neutrality when dealing with lay litigant cases? For example, is there some arrangement to pay the chlid interviewer’s fees into court, and then the  court can pay the interviewer so the interviewer does not know which party paid for the child’s interview?”. Another idea is for a Roster member from a different firm who is not acting as the interviewer to receive the funds “in trust” for the child interviewer so the interviewer does not know who paid for the interview.

The BC Hear the Child Society Roster of child interviewers is a complement to the services provided by the Province’s Family Justice Counsellors. For those who have the ability to pay for this service, non-evaluative child interviews and reports can be completed as quickly as a few days. It was estimated that interviewing one child can cost anywhere between $500 and $1000.

The Society is beginning with the Launch Roster to get things up and running. An application will be available on the Society’s website sometime in June for others who are interested in joining the Roster. Successful applicants will be added on a rolling basis. A Victoria practice group will be established to continue to share and develop the practice.

A recent BC Court of Appeal decision was raised at the session: Stav v. Stav, 2012 BCCA 154 (CanLII) also available at: https://canlii.ca/t/fqvv9. The case involved mobility and addressed the views of a 14 year old boy, collected through a private non-evaluative child interviewer in Vancouver.

Thank you to all who helped celebrate the launch of the Society’s Child Interviewer Roster in Victoria!

 

Join Us at Our Child Interviewer Roster Launch Events

We are delighted to announce that the BC Hear the Child Society will launch its Roster of qualified Child Interviewers in May, 2012.

One of the messages we heard loud and clear from recent feedback is the desire to get qualified child interviewer Roster launched quickly. So, we are beginning the Roster with a core group of Launch Roster members who meet the criteria recently established by the Society and are already doing non-evaluative child interviews. Join us at one of the four upcoming launch events:

  • Victoria, Thursday, May 10, 4 – 7 pm, Brown Henderson Melbye
  • Kelowna, Monday, May 14, 4 – 7 pm, Pushor Mitchell LLP
  • Vancouver, Wednesday, May 16, 5-8 pm, Law Courts Inn Restaurant
  • Kamloops, Thursday, June 7

If you wish to attend one or more of our events please RSVP to Renee Lorme-Gulbrandsen at rlgiicrd@uvic.ca.

Vancouver Course a Success!

More than 50 participants gathered to hear the latest on child participation at a continuing legal education program co-led by the Continuing Legal Education Society of British Columbia and the International Institute for Child Rights and Development (IICRD). BC Hear the Child Society president Ron Smith co-chaired the session with Suzanne Williams (IICRD) while several other members of the Society contributed to the program.

Recent legal developments make it clear that children have a right to have their views heard when their best interests are determined in family law decisions. ”It’s no longer about whether to hear from children but rather, how to best hear from children” said David Dundee who together with Trudi Brown presented the law underpinning a child’s right to participate. Options to hear from children were highlighted on Day 1 of the program including “hear the child” interviews that are privately funded, “views of the child” reports that are completed by a family justice counsellor and paid for by the Province, expert s. 15 reports prepared by a psychologist, and a mediator listening to children’s views and bringing them into the mediation. Judge Gallagher from the BC Provincial Court noted how helpful it is for judges to have someone else listen to the child and bring forward their views for consideration when the court decides the best interests of the child.

Renowned expert, Dr. Joan Kelly, led Day 2 that focused on skills required to interview children.  She outlined the recent research base and emphasized the importance of providing information to children about what is going on, “the more appropriate information you have in a crisis the better you cope with it”. Dr. Kelly led the group through the 6 stage interview process and a series of experiential activities.

Thank you to all who contributed time to present or participate! This was the third bi-annual CLEBC-IICRD Child Participation program and we look forward to the fourth in 2013.

 

Best Interests of the Child from Social Science and Jurisprudential Perspectives

This research paper was presented at the July 2012 Childhood Global Conference at Oxford. Its focus is to better understand the notion of best interests of the child (BIC) from two perspectives: a social science perspective which explores the meaning of the concept imputed by human services professionals and policy makers and a jurisprudential perspective which examines the understanding of BIC through relevant case law.

https://www.inter-disciplinary.net/probing-the-boundaries/wp-content/uploads/2012/05/clarckechpaper.pdf