Making Meaningful Participation Real in the BC Family Justice System

It was very encouraging to hear about the new Early Intervention Program launched by the Society for Children & Youth of BC (SCYBC). This is great news of support for the growing movement to ensure that children and youth are able to meaningfully participate in the BC family justice system. We need your help to get the word out to the legal profession, youth serving agencies, the judiciary and your personal networks.

For too long, many kids whose parents are separating have not been offered the opportunity to express their views on issues that significantly impact their lives – such as where they will live and go to school. Research confirms that this lack of voice harms their well-being and can be an Adverse Childhood Experience harming their lifelong mental and physical health.

While there are some processes to elicit children’s views in Family Law Act matters, most are used much too late. The Youth Voices initiative (Family Justice Innovation Lab Society) and the Transform the Family Justice System Collaborative are working to align and coordinate complementary efforts, across and beyond the justice sector, to redesign the family justice system so that the voices of children and youth are heard and respected.

Michael Zimmerman is an experienced family lawyer and works as the Managing Lawyer (Roster) with the SCYBC’s Child and Youth Legal Centre. Michael is currently the Past Chair for the CBA Child and Youth Law Section and Chair of the CBABC Children’s Law Section. He kindly agreed to provide a description of the new Early Intervention Program (EIP):

The EIP is designed to bring children’s voices into the family law process at an early stage, often before matters proceed to court. To our knowledge this is the first program of its type in the entire world.

The pilot program was formulated by The Early Resolution Committee (“the Committee”) established by the SCYBC to commence a dialogue on models of early resolution in family law matters. To that end, we created the Committee to assist with discussions around models of resolution, best practices, and potential partnerships. The best interest analysis under the Family Law Act requires that the views of the child be considered unless inappropriate to do so. The Committee’s goal was to develop several early resolution models to ensure that children are included and that their views may be considered at the front end of a family law dispute. The Committee recommended the establishment of the EIP.

The issues that the EIP is meant to address are:

1. Delays in the court/parties turning their mind to a mechanism for their child to participate in the proceeding. Delays in having a child’s views put forward often results in many interim orders that do not incorporate a child’s views, or trial dates getting adjourned because a mechanism to elicit the child’s views was put forward too late.
2. Ensuring that children have access to information about their rights which can lessen anxiety for the child.
3. Eliciting a child’s views early in a proceeding helps reduce parental conflict and promote settlement.

The pilot program connects a child with an EIP children’s lawyer, who acts as a form of “children’s duty counsel.” EIP lawyers are well trained and supervised. The lawyer meets with the child to provide them with legal advice about their right to be heard and the different ways their views can be shared in their family’s legal proceedings. Following the meeting, and with the child’s permission, the lawyer will advise the parents and/or the court of the child’s preferences for whether and how they wish to participate and that ends the lawyers involvement. If the matter is in court, and the parents cannot agree, the presiding judge makes the final decision on which method will be used to elicit the child’s views, if any. The lawyer meeting with the child does not become the child’s lawyer.

The pilot is supported by ongoing evaluation and improvement.

This program helps avoid significant delays in the family justice system. It allows the process of hearing a child’s views to start much earlier which helps to facilitate settlement and keep the focus of the proceedings on the child. A child can be connected with an EIP children’s lawyer in one of two ways:

1. By Mutual Parent Agreement: Both parents agree to the service. This does not require an active court file and can be anywhere in the province.
2. By Judicial Direction: A judge directs the parties to coordinate with the EIP at the CYLC. This route is currently only available through the Victoria, Robson Square (Vancouver), Kelowna and Kamloops Provincial Court registries.

To make a referral:

Step 1: Obtain Consent

Discuss the program with both parents. Ensure you have their clear, joint agreement to refer their child to the EIP.

Step 2: Provide Referral Information

Initiate the referral by directing the parents to the EIP intake form. If you have any EIP related questions, please email EIP Admin at eip@scyofbc.org .

Step 3: What Happens Next

• An EIP children’s lawyer is assigned and will meet with the child privately.
• The lawyer and child discuss the potential options for having the child’s views heard.
• With the child’s permission, the lawyer communicates the child’s preferences to the parents and/or the court.
• If the matter is in court, and the parents cannot agree, the presiding judge makes the final decision on which method will be used, if any.

Call to action:

If you know a family experiencing parental separation or divorce in BC, please consider encouraging the parents to make a referral, either directly or by requesting a presiding judge to make the referral.

Thank you.