What is the Office of the Children's Lawyer?

The Office of the Children’s Lawyer

In this post, we look at the Office of the Children’s Lawyer (OCL), which is a law office in the Ministry of the Attorney General that provides legal services to children and youth who are under the age of 18 in Ontario.

While they both represent children and youth on legal issues, JFCY and the OCL are different organizations doing different things.

What is the Office of the Children’s Lawyer?

The physical office where the OCL operates is in downtown Toronto, but there are lawyers and social workers across the province that work with the OCL, and services are available to children and youth anywhere in Ontario.

Lawyers who work for the OCL represent children in many areas of the law including custody and access disputes (when parents separate or get divorced), child protection (when a Children’s Aid Society is involved), and civil litigation (more about this below).

Social workers, who are also called Clinical Investigators at the OCL, may be involved in a case to prepare a report to the court in custody and access disputes and may also help lawyers who are representing children in these cases.

What does the office do?

There are two broad areas in which the OCL works – personal rights and property rights. The OCL does not provide representation or assistance in criminal matters. If you have an issue you think is related to criminal law, contact Justice For Children and Youth for further information and assistance. 

Personal Rights

Personal rights cases include custody and access matters and child protection proceedings. Often, in custody and access cases, parents are able to agree on many issues. There are times, however, where the adults cannot agree and the issues may become complicated. Usually, parents will have the opportunity to have a lawyer help them with their case. If the court thinks it is a necessary for the child or youth to have a lawyer, the court may request that the OCL provide representation to the child or youth. The court will ask the OCL to become involved when the court feels that it needs more information to protect the interests and needs of the child or youth.

One of your parents or the judge can make a referral to the OCL to request that the office becomes involved. If no one has made a request and you feel like you need a lawyer, you can ask one of your parents to ask the court for a referral to the OCL. However, just because the court asks the OCL to assist, it does not mean that the OCL will always become involved. The OCL makes the final decision whether or not to become involved in a custody or access case.

In cases where a Children’s Aid Society (CAS) is involved, the CAS may apply to the court for an order that a child is in need of protection, and remove a child or youth from his or her home. This may happen for many reasons, including abuse and neglect. In most cases, the CAS, and the parent(s) or other adults involved in the case usually have their own lawyers. If the court thinks it is necessary to protect a child’s interests, the court may ask the OCL to provide a lawyer to represent the child or youth. If the court requests the OCL to provide representation in child protection cases, the OCL must do so.

Property Rights

Property rights cases involve civil litigation and estate and trust matters. In Ontario, children and youth (under 18 years of age) cannot sue or be sued in their own name. In a situation in which a child has a right to sue, or is being sued, the child needs someone to act as a Litigation Guardian, who will make decisions for a child in legal proceedings. This would most often come up in personal injury cases, for example if a child was in an accident.

Often, a parent, guardian, or other adult may be appointed by the court as a Litigation Guardian. However, there may be cases where this is not appropriate, or there is no one who is willing and able to act as a Litigation Guardian. If there is no other person available, the court may order that a lawyer from the OCL act as a Litigation Guardian. 

The OCL also represents children and youth estate and trust cases. If a parent, guardian or relative passes away, there are many legal issues that come up for children and youth, including looking at the will, if there is one, to make sure it is valid, and making sure there is adequate support for the child from the estate of the person who has died. 

Where can I get more information?

For more information, check out the Office of the Children’s Lawyer’s website here.

For more information on your rights in cases of separation and divorce, you can check out this pamphlet: Where Do I Stand? A Child's Legal Guide to Separation and Divorce.

This blog post was written by JFCY volunteer Christine Doucet. Christine is a member of the PLE team and YouTube subcommittee, and is a recent graduate of Osgoode Hall Law School. 

Photo Sources: www.business-clipart.com/  and

http://www.kintera.org/AccountTempFiles/account21259/images/justice_scales.jpg

Teen pregnancy: The Law on Child Support

Jordan had always thought that the relationship he had with his girlfriend of 2 years, Claire, would last beyond their days in high school. Jordan, a Grade 11 student who just recently turned seventeen, met sixteen year old Claire during a party they both attended through a mutual friend. As their relationship got more serious, they also became sexually active, and felt that they had been regularly practising safe sex when they were with each other.

Since Jordan always remembered having protected sex with Claire, it came as quite a surprise to him when she told him that she was pregnant. He first received the news six months ago, when Claire sat him down at her home to tell him that she was expecting. The couple had decided to keep the baby, hoping to raise the child together despite the possible hardships of becoming a teen parent.

A couple of months ago Jordan and Claire broke off their relationship, as the strain of becoming parents  took a toll on each of them. Claire is still committed to raising her child, but Jordan is unsure of what his role as a father will involve. Jordan lost his part time job working at a retail store, and is worried about having to pay child support. Claire does not currently hold a part time job, and both teens are wondering if raising a child will get in the way of graduating high school on time. He is unsure about what the obligations of paying child support will mean for him, and he is worried about how he can afford it.

As the days to his child's birth comes closer, Jordan has started to become more and more worried about having to financially and emotionally support his child, and he has questioned whether the baby is actually his own. There was a period of several months where the couple had broken up, and he wonders if Claire had had other sexual partners who could possibly be the father of the child. If so, Jordan wonders if and how he can establish paternity once the child is born. He is unsure what the legal obligations are if he is given paternity forms to sign, and if paternity is not established in his favour, he wonders if he will still have to pay child support.

What are Jordan's legal rights when it comes to becoming a father?

Legal information

All parents have a legal obligation to financially support their children until at least the age of 18. That obligation begins once the baby is born. When a parent does not live with their children, they still have a legal obligation to provide financial support.

If Jordon is unsure if the child is biologically his, he talk to Claire about having the baby get a paternity test. If she does not agree Jordon is entitled to ask the courts to order one. ( To read more on this process and help available, click here). 

Child support is the money that is paid by parents for the financial support of their children. This is outlined in the Family Law Act. The objective of this law is, “to establish a fair standard of support for children that ensures that they benefit from the financial means of their parents.” (To read more on this law, click here) 

Jordan and Claire have the option to set up their own child support agreement outside of the court system. If Jordan and Claire set up your own support agreement, they have some flexibility about the amount that will be paid, so long as they both come to an agreement and it is a fair amount. This method of arranging a support amount is common among parents. If the parties decide on the child support arrangement on their own, it must be registered with the Family Responsibility Office (FRO) to ensure enforcement of the child support payments. Once a family is registered with FRO, the process is as follows: 1) the parent paying the support makes the payments to FRO, and then 2) FRO sends the money to the parent who is owed the money. Moreover, the FRO can take action if the parent does not pay.

If the parents cannot agree on an amount of child support payment, they can take a look at the Child Support Guidelines outlined in the Family Law Act. These guidelines, based on the payor's income, outline what Jordan should expect to be paying in terms of support . The support amount is based on the average costs of raising the child considering the income level of the parent.

When a dispute about child support goes to court, in order to determine the amount of support that is owed, the court may look at the following: a copy of both parties personal income taxes filed with Canada Revenue Agency, a copy of assessment from Canada Revenue Agency, most recent statement of earnings, and if either party is on employment insurance or social assistance- a total income from the applicable source. The type of custody arrangement is also a factor, as the guidelines assume that the child spends the majority of his or her time with the parent who is receiving the child support. Needless to say, if faced with this scenario it is best to obtain legal advice to decide the best course of action.

For more information check out these Family Law Legal Resources :

Family Law Services Centres

Family Support Program (for people on Ontario Works) 


Child support brochure by FLEW

About Child Support, brochure by Dept of Justice 

If you are under age 18 in Ontario and have legal questions about child support, please contact a lawyer at JFCY at 416-920-1633, or toll-free at 1-866-999-5329.  

Scenario was written by Inez Leutenegger, a PLE  Team Member volunteer and paralegal student. Legal information written by Sarah Mehta Alexander, a JFCY volunteer who is a Master of Laws student. Legal information was reviewed by JFCY.

Teen Pregnancy - Part Two (non-medical decisions)

Kiran and her boyfriend Rick are fifteen years old and in grade ten.  They have been dating for several months and spend most of their time together.  They care about each other and trust each other very much.  A few months into their relationship, Kiran and Rick felt ready to begin having a sexually intimate relationship. 

Kiran has a lot of questions about sex and the emotions that she is feeling but she has only discussed her relationship with her peers at school.  She has not told her parents or her doctor about her sexual relationship.  She is afraid that if she tells her parents she will get in trouble.  She also believes that she cannot see a doctor without her parents’ permission and if she does see a doctor, she is afraid they will tell her parents what they have discussed.

Since Kiran has not spoken with a doctor, she is not using any methods of birth control, (such as the birth control pill) other than condoms.  Both Rick and Kiran are shy and embarrassed to buy condoms in the store, so they only use condoms when Rick asks his older brother. 

This month Kiran missed her period and thinks she might be pregnant.  She and her friend go to the pharmacy and purchase a pregnancy test.  When she takes the test she sees a positive result, indicating that she is pregnant.  Kiran is overwhelmed, scared and doesn’t know what to do next.  What are her options?  What are her rights?

There are two parts to Kiran’s decision-making about the pregnancy: medical decisions, and non-medical decisions (like adoption, involving Rick in the pregnancy, and supporting a baby).  Last week’s post covered Kiran’s medical rights and decisions – today’s post is about her non-medical decisions and providing care for a baby.  This post does not include information about receiving financial support, such as government benefits or child support, for a baby.

If Kiran decides to carry her fetus to term, there are a number of decisions to consider.  She will have to think about whether she wants to raise a baby or put the baby up for adoption, what kind of parenting the baby will have, and how the baby will be supported.  While Kiran is pregnant, Rick has no legal rights to be involved with her pregnancy.  After the baby is born, both parents have legal rights regarding the baby.

Adoption: Legal Issues

If Kiran and Rick both do not want to raise the baby, they have the option of putting the baby up for adoption.  In an adoption, another person or people will raise the baby, and take on the legal responsibilities relating to the baby.  In Ontario, both parents must give their consent in order for an adoption to occur – this means that Kiran and Rick must both agree that an adoption is the right decision for them and for the baby.  The baby must be at least one week old before they can make this decision, and since both parents are under 18, a government lawyer (called the Children’s Lawyer) must confirm that each one understands the decision he or she is making and genuinely wants to give consent.

After Rick and Kiran have given their consent for an adoption, they may still change their minds and withdraw consent for up to 21 days following the initial decision.  Sometimes this time can be extended, but only if the baby has not yet been placed for adoption.

When the baby is put up for adoption, the Children’s Aid Society or a licensed private agency will take responsibility for placing the baby and ensuring that its new home and parents will be able to care well for it.  Kiran and Rick will still have input into what kind of home they would like the baby to be placed in, but it is the family that will best meet the needs of the baby that will be chosen as the adoptive parent(s).  The only exception to this is if a relative, like Kiran’s parents, choose to adopt the baby. 

After an adoption, biological parents like Kiran and Rick are normally not involved in the baby’s life and they will not have access to the baby.  Sometimes, adoptive parents will agree to an “openness agreement.” This agreement would allow Kiran and/or Rick to communicate with the adoptive parents, or to share pictures or letters as the child grows up.  However, the details of this agreement would have to be negotiated, and the adoptive parents are the ones who have full legal rights to the child.  Kiran and Rick can also make decisions about whether and how their biological child can contact them in the future as an adult.

Click here for information about adoption in Ontario (government website)

Click here for information about access to adoption records in Ontario (government website)
Adoption law in Ontario is found in the Child and Family Services Act

Custody and Access: Legal Issues

If Kiran decides to raise the baby, she will have to work with Rick to make decisions about “custody” and “access.”  Having custody of a child means having the right to make important decisions about raising the child – things like school, religion, and health care.  One or both parents can have custody, but if a parent does not have custody, he or she may still have access to the child.  This means that both parents get to see the baby and have a relationship with it.  A parent who does not have custody also has the right to access custody-related information about the child, even if he or she doesn’t have the right to make those decisions.

Kiran will have to work with Rick, preferably with the help of a lawyer, to make decisions about custody and access.  There are many possibilities for arranging custody and access, but the most important thing to consider is the best interest of the baby.  For example, this could mean that the baby will live at Kiran’s house and spend the most time with Kiran if she is breast-feeding.  Rick would come to Kiran’s to visit the baby.  This arrangement could change as the baby grew older.  It is very rare that the court will refuse to allow one parent access to his or her child, although it is possible to put conditions on parental access.  As always, the most important thing is the child’s best interest.

When Kiran and Rick have agreed about access and custody, they will sign agreements that contain their decisions.  It is possible for Kiran and Rick to raise the baby without written custody and access agreements, but having these agreements will make sure that everyone knows who is responsible for what and who has what rights, so that arguments will be less likely.  When there is a written agreement, it can be enforced by a court.  In order to change custody and access decisions, the written agreement must also be changed.

If Rick and Kiran cannot agree about custody and access, they may work with a mediator.  A mediator is someone who helps work through disagreements in order to achieve a result that both parents are happy with.  If they are still unable to agree, they may go to court, where a judge will make an order about custody and access.  Both Rick and Kiran will have to follow the judge’s order.  If they want to change the order, they will have to go back to court.

Click here for a pamphlet on custody and access (external link – Your Legal Rights)
Law about custody and access in Ontario is found in the Children's Law Reform Act

Caring for a baby: When would CAS get involved?

Raising a baby can be scary for young parents, since they have a lot of new responsibilities.  While young people can be great parents and take good care of their new baby, sometimes there is concern about whether the baby is getting all the care and support that it needs.  In this situation, a Children’s Aid Society (CAS) or another child welfare organization will become involved with the family.  Since Kiran and Rick are teen parents, CAS may become involved with them and their baby right from the birth.  If Kiran or Rick was ever involved with CAS before, this is more likely to happen.

If CAS is concerned about Kiran and Rick’s baby, they will investigate.  There are certain rules that they must follow in this investigation in order to make a decision about what should happen next.  They may decide that they do not need to be involved with the family, or that the family needs extra support.  They may also decide that the baby is in need of protection, in which case they can remove the baby from Kiran or Rick’s care.  As in the case of custody and access, the most important consideration will be the best interests of the child.

If the baby is removed from its parents, there will be a child protection hearing in court soon after.  At this hearing, the court will make a decision about next steps.  The court will only keep the baby from Kiran and Rick if the court believes the baby is likely to suffer harm and can’t be protected through other means, like putting conditions on the parents'care.

If CAS becomes involved with Kiran and Rick, it is very important for them to have legal support.  Sometimes CAS involvement can lead to a parent's right of custody and access being terminated completely.  Kiran and Rick should each contact a lawyer to help them understand and protect heir parental rights throughout CAS’s involvement.

Click here for a pamphlet on child protection (external link – Your Legal Rights)
Child protection law in Ontario is found in the Child and Family Services Act

Having a baby is an important and life-changing decision, and there are lots of legal issues involved with raising a child as a young person or a person who is not living with the child’s other parent.  If you have specific questions or a personal situation, you should contact a lawyer for legal advice.  If you are a young person in Ontario and you need a lawyer to represent you, you can call Legal Aid Ontario: (416)598-0200, 1-800-668-8258 (outside GTA), or Justice for Children and Youth (416) 920-1633, 1-866-999-5329 (outside GTA)

FAMILY LAW - ACCESS

Matt is nine years old. His mom and dad divorced one year ago and he has been living with his mom ever since. She has custody of Matt, who usually visits his dad once a week (“access”).  Two weeks ago Matt’s mom stopped the visits.

Mom wants Matt’s dad only to get access with Matt if it is “supervised”, because she wants to know everything they do together. Matt’s mom feels that this reason is enough to limit access and even to refuse to allow Matt’s dad have access with Matt at all.

Matt’s dad believes that there is no need for supervision when he has access visits with Matt.  He wants to continue seeing Matt on his own.

Matt misses his father and he has no idea what supervised access means. Matt is worried that he will never be able to see his dad again.

Legal Information

What is supervised access?

Supervised access means that you may not be alone while you visit with your parent. The purpose of supervised access to is primarily to ensure the child’s safety, but may also be used to monitor an access parent’s alienating behaviour (i.e., where he or she tries to break the bond between the child and the other parent), for example. Not all families need supervised access.  In cases where a children’s aid society thinks it is necessary, supervised access may be ordered by a court, unless both parents agree to it. Both parents have a right to be heard in court about whether they think supervised access is necessary.

Supervised access can mean that you must have your access visits at a specific person’s house, or that you must always have another person with you to supervise when you visit your access parent. The person supervising can be a family member or another trusted person but usually this must be first determined by the court.

Can Matt’s access visits with his dad be stopped altogether?

It is not Mom’s decision alone whether to cancel access between Matt and Dad.  Unless both parents agree, the decision about whether to restrict access would be made by a Judge in court.  Access will usually only be stopped altogether in extreme cases or under special circumstances, for example, when serious child abuse has been proven and the abusing parent refuses treatment.

Parents cannot refuse to pay child support because they cannot get access or choose not to visit their child. However, access will not be denied because a parent fails to pay child support. Access and child support and separate legal issues. There are other ways to get support from a non-paying parent.

Written By Lina Maria Sanchez (PLE Team Volunteer) and Meghan Lindo (JFCY law/Masters of social work practicum student from UofT)

Children and Divorce

by JFCY volunteer Ouran Li and JFCY lawyers

Scenario

Charles Cheenie and Brookie Mules have divorced and have two children from their marriage, both under the age of 18. Charlie has more money than Brookie but has a history of drug addiction and infidelity. The Court has to decide with whom the children of marriage will reside, taking into account the best interests of the children.

The children, Martin Cheenie (age 6) and Denise Cheenie (age 16) lived in Ontario with the parents for five years before the divorce proceedings and moved in with Brooke when she filed for divorce. Charlie is now living by himself at a luxury condo downtown. Denise has taken the children to and from school and has cared for them during the marriage. The children love their father and are unaware of the 'extracurricular activities' he has engaged in because it has not affected their relationship. The children are confused as to why their parents are breaking up and are conflicted as to which parent they want to live with.    

What are the legal rights of the children?

When spouses separate and begin divorce proceedings, serious issues for determination include where the kids should live and who should make decisions about their schooling, health, etc.  These issues are often agreed upon between the parties and resolved out of court.

However, if the parents cannot agree between themselves, a Court will eventually make an Order about “custody and access”. This is when the Court decides who the “custodial parent” should be: ie which parent will the kids live with?  The Court will also decide how much “access” the “non-custodial parent” should have with the children: ie when and where can they other parent see the kids?

This is a legal dispute between the two parents; the children are not “parties” to the legal proceeding.  This can often be frustrating for children, especially older children, who may have strong views and want their voice to be heard by the Court.  However, the Court may request to have the children be appointed a lawyer from the Office of the Children’s Lawyer. This does not happen in all cases, but when it does happen the children’s lawyer will present independent information to the court about the children’s views and preferences relating to the custody and access disputes.

For more information on the Office of the Children’s lawyer, check out their website:

http://www.attorneygeneral.jus.gov.on.ca/english/family/ocl/

Some more online legal information on family law:

http://www.cleo.on.ca/english/pub/onpub/PDF/family/getdiv.pdf

http://www.cleo.on.ca/english/pub/onpub/PDF/family/custody.pdf

Ouran Li is a volunteer on JFCY’s Public Legal Education Team, shown here on the right at a recent meeting.  He is a Law Clerk student at Seneca College and the newly elected President of the Legal Studies Student Association at Seneca College (LSSA) which provides a pool of volunteers from the Paralegal and Law Clerk to Legal Organizations which need them.