Treating Children as Full Rights Bearers: Independent Legal Representation for Children in Family Vi

See, for example:11 ▪ The unique role of the Children’s Lawyer is fundamental to the proper functioning of the legal system… ▪ In summary, the role of the Children’s Lawyer is fundamental to the proper functioning of our system of justice… That court also emphasized how important it is for children to be able to confidentially speak to a lawyer:12 The Children’s Lawyer not only represents the chil. [...] F.,43 the Ontario Superior Court, in requesting that the Office of the Children’s Lawyer represents the child in an “alienation” case, concluded that it is in the child’s “best interests to have a legal representative to ensure that the court has evidence and argument” on the child’s views and preferences. [...] ▪ None of the three other UN Convention’s general principles limit the application of the principle to particular children or cases: o Making the best interests of the child a primary consideration in all actions affecting the child (Article 3(1)); o The child’s inherent right to life (Article 6); and o The child’s rights to express his/her/their views freely in all matters affecting the child, wh. [...] Among the many concerns raised are these: (a) The inappropriate rejection or minimization of allegations of family violence by the assessor, and the over emphasis on “parental alienation”; (b) The minimal involvement of children in the process; (c) The rejection, or minimization, of the views and wishes of children with respect to family violence; and (d) Inappropriately concluding that children a. [...] The role of counsel is to represent a child’s interests viewed from the child’s perspective, not to be confused with best interests advocacy.76 Counsel for the child has the right to receive disclosure, to examine and cross-examine witnesses, to fully participate in the proceedings and to make recommendations to the court.77 In reaching its conclusions, the Court helpfully reviewed various legal r.