Children have rights when their parents separate. Can he be represented by his own lawyer to voice his opinion in the conflict between his parents?
The representation of the child
A child can be represented by a lawyer in one of the following situations:
- His parents are so caught up in their conflict that they are unable to measure his wants and needs or to objectively assess what is best for him.
- A representative must be appointed to protect the child's interests.
- The child is quite old and mature. He wishes to express his opinion to the judge and intervene in the conflict between his parents. He therefore hires his own lawyer.
Who decides that a lawyer represents the child?
- The judge may, on his own initiative or at the request of a parent , appoint a lawyer, if he considers it necessary to protect the interests of the child.
- The child can take steps to hire a lawyer himself . The lawyer will try to intervene on behalf of the child in the parents' dispute.
Don't want your child to be represented
One of the parents may object to the child being represented by his own lawyer. Here are some of the reasons that can be invoked:
- There is no need to appoint a lawyer for the child.
- The child's desire to be represented by a lawyer is not really his, but rather the fruit of the other parent's shenanigans.
- The child is very young and there is a better way to protect their interests.
In these circumstances, the judge will decide whether or not the child should be represented by a lawyer.
The role of the child's lawyer
The case of a sufficiently old and mature child
The child's lawyer must act as he would an adult client. The child therefore has the right to require that his lawyer:
- listening;
- advises;
- informs him of the possible consequences of his choices;
- discuss possible solutions with him;
- respects the mandate it gives it;
- represents him before the Court and makes his wishes known;
- respect his professional secrecy.
The child's lawyer must communicate the child's opinion to the judge, not his own. This is the case even if the child is influenced by one of his parents.
The case of the little aged or immature child
The role of a family lawyer who represents an elderly or immature child is uncertain. In this situation, the lawyer must in particular:
- be independent from parents;
- independently collect any information that can enlighten the judge on the child's situation;
- ensuring that the rights of the child are respected;
- present any evidence or bring out any element that may help the judge to determine the best interests of the child;
- make known the child's wishes, if they express them;
- express professional conclusions objectively.
Pay the child's lawyer
Who pays for the child's lawyer?
It depends on the situation. There are generally three possible payers:
- one or both parents;
- a legal aid center;
- a legal aid center which will then ask parents to reimburse it. For more information, see Legal Aid: Am I Eligible?
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