IN-PERSON MEETING: Children’s Views in Family Law
This meeting is being hosted by the Family Law - Kamloops Section.
| Speakers: |
Natalie Hebert, Lawyer & Notary Public, NLH Lawyer |
| Time: |
Wednesday, November 6, 2024, 12:30pm - 1:30pm (PT) |
| Location: |
Courthouse Libraries BC, 455 Columbia St, Kamloops, BC, V2C 6K4 |
| CPD Hours: |
1.00 hour |
Synopsis
Canada is a signatory to the UN Convention on the Rights of the Child. Article 12 guarantees children and youth the right to be heard in legal proceedings that affect them. See: D.M. v. C.R., [2021] B.C.J. No. 2818 (Prov. Ct.); G.F. v. M.A.M., [2022] B.C.J. No. 533, 2022 (Prov. Ct.).
As part of the best interests of the child test under s. 37(2)(b) of the Family Law Act, S.B.C. 2011, c. 25 ("FLA"), and under s. 16(3)(e) of the Divorce Act, R.S.C. 1985 c. 3 (2nd Supp.), the child’s views are considered. The child’s views (and preferences) can be submitted to the court in a few ways including hearsay evidence from witnesses, evaluative or non-evaluative Reports, judicial interviews, or through appointment of children’s counsel.
In British Columbia, three types of reports are commonly used (1) a comprehensive parenting assessment of the needs of the child, the views of the child, and the ability and willingness of each party to satisfy the needs of the child (commonly called "Section 211 Reports"), (2) “basic” Views of the Child Report under s.211(1)(b), and (3) Non-Evaluative reports under ss. 202 and 224(1), whereby the child’s views are recorded verbatim without assessment, (commonly called “Hear the Child Reports”) .
Our guest speaker, Natalie Hebert, is a mediator and a former family law lawyer with extensive experience in interviewing children and preparing Non-Evaluative Reports under section 202 of the Family Law Act. She has undergone training for preparing Hear the Child Reports from the Hear the Child Society and Section 211 Reports from the Justice Institute. Ms. Hebert will highlight the differences between the various reports and provide invaluable guidance on how to determine which report you are looking for, what information to provide to the report writer, informing your client about the differences, and how to best use them in your file.
PARTICIPANT ACKNOWLEDGEMENT - COVID-19 HEALTH & SAFETY
By registering for the in-person option, registrants agree to follow and adhere to the health and safety protocols of the venue to reduce the risks of exposure to and transmission of COVID-19 and agree to cancel your attendance if you are experiencing any COVID-19 symptoms. If you test positive for COVID-19, you may transfer your registration to the virtual option.
Territorial Acknowledgement
This event takes place on the traditional and unceded territory of the Coast Salish peoples, including Tsleil-Waututh, Squamish and Musqueam First Nations. We encourage members to explore the rich history and knowledge of Indigenous people, and to continue learning about their experience in Canada past and present.
Accessibility & Inclusiveness
The CBABC provides access to Section activities for all members. The facilities for this meeting may be wheelchair accessible. For information about accessible parking or to communicate your request for other accommodation you require, please contact CBABC Sections at sections@cbabc.org.
We also welcome your suggestions for enhancing the inclusiveness of our activities.
By attending this in-person Section event, attendees agree to follow the health and safety protocols of the venue to reduce the risks of exposure to and transmission of COVID-19 and confirm that they are not experiencing any COVID-19 symptoms on the day of the event.
Webinar/Teleconference (if applicable)
Sections host webinars from Internet-capable venues depending on the resources and technology available at the venue.
Disclaimer
Please ensure to sign-in at the meeting; failure to sign-in will result in de-registration. CBABC requires this as a record to confirm your attendance for this meeting for your CPD reporting (if applicable).
