Hearing the Voices of Children in Alberta Family Proceedings: The Role of Children's Lawyers and Judicial Interviews
Date
2012
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Publisher
Canadian Research Institute for Law and the Family.
Abstract
The survey reported on in this report was conducted in conjunction with a presentation on the voice of the child delivered to members of the Child Welfare section of the Canadian Bar Association – Alberta chapter on May 3, 2012 in Calgary. The session was also available via web-cast to CBA members in Edmonton. An invitation to attend the session was e-mailed to CBA Child Welfare section members during the week of March 26, 2012. This invitation also included a request to members that they complete a web-based Survey of Lawyers about Children’s Participation in Family Disputes by April 20, 2012 and informed members that highlights of the survey results would be presented at the May 3rd session. The invitation contained a link to the survey. During the week of April 16, 2012, a reminder e-mail about the survey was sent to members of the Child Welfare section. The survey contained background questions regarding respondents’ experience in the family law area in general, as well as their experience with representing children in both custody and access and child welfare proceedings. Lawyers who had experience representing children were asked about the characteristics of their meetings with child clients and the type of approach they take to child representation. Participants were also asked about their experiences with and opinions of judicial interviews with children. Other issues explored included whether lawyers tell their child clients the different ways their views can be shared with the court in family cases, at what ages they think it is appropriate for judges to interview children in custody and access and child welfare proceedings, and whether they think it is appropriate for children to testify in open court. The May 3, 2012 session was attended by approximately 65 legal and 20 mental health professionals in Calgary, with an additional 20 viewing the presentation by webcast in Edmonton. A total of 29 surveys were completed by legal professionals. It should be noted that this relatively small sample size precludes generalization of participants’ responses to all family law professionals in Alberta.
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Citation
Bertrand, L.D, Bala, N, Birnbaum, R., Paetsch, J.J. (2012). Hearing the Voices of Children in Alberta Family Proceedings: The Role of Children's Lawyers and Judicial Interviews. Calgary, AB: Canadian Research Institute for Law and the Family.