Under the Children and Family Services Act of Nova Scotia, children who are 12 and older must receive notice of their child protection proceeding. Upon receiving notice, a child can decide whether they would like to be made a party and participate in the proceeding.

If the child decides to be involved, the court will appoint a guardian ad litem to speak on their behalf in court. Once appointed, the guardian ad litem will receive all documents filed with the court and all materials exchanged between the parties.

The guardian ad litem should meet with the child before court and get their wishes and preferences regarding things going on in their life such as school, their placement, friends, and other concerns they may have. The guardian ad litem may also talk to others involved with the child, including their parents or caregiver, social worker, teachers, and counsellors.

The guardian ad litem will present what they’ve learned in a report to the court so the judge can read it, and all parties receive a copy of the report as well. The guardian ad litem can also provide their recommendations to the court based on what they believe in is the child’s best interest.

The guardian ad litem should report back to the child regarding what took place in court.

The appointment of guardian ad litem is only for the duration of the legal proceeding and is limited to the issues related to that proceeding.

To find out more information on becoming a guardian ad litem please visit the MKK website.

Nova Scotia Legal Aid (NSLA) offers free legal services for certain cases. Child protection is such a case. If you need a lawyer, and can’t afford a private lawyer, and don’t want to represent yourself, you can make an application to NSLA for a lawyer to represent you. NSLA also offers services for a one-hour appointment to clients who are just looking for legal advice, and not looking for legal representation. Check with your local NSLA office to see what services they may be able to offer in your area.

You can find a family law lawyer online or through the Nova Scotia Barrister’s Society website or by calling (902) 422-1491.

Seeking legal information only?

The Legal Information Society of Nova Scotia (LISNS) is a non-profit organization that provides legal information and resources and operates the Lawyer Referral Service. You can contact the Lawyer Referral Service to get the name and contact information for a lawyer in your area. You can then contact the lawyer to arrange for a 30-minute appointment. This appointment is $20 + tax.

For more information about this service, visit the LISNS website or call (902) 455-3135 or toll-free at 1-800-665-9779.

You can represent yourself in court, but it is always recommended that you at least get some legal advice to help you get ready. When you act as your own lawyer, this is called being ‘self-represented.’

People sometimes self-represent because they want to act as their own lawyer, but often it is because they could not get a lawyer. This may be because they do not qualify for legal aid and cannot afford to hire their own lawyer. Many people represent themselves in family court matters for this reason.

Even if you start the court process on your own, you can hire a lawyer or consult with one for advice at any time.

Video on self-representing:

I can’t afford a lawyer. What should I know about representing myself? from Family Law NB on Vimeo.

Unbundling

Some people may not be able to afford to hire a lawyer to deal with all aspects of their case. Unbundling helps to increase the availability of legal services for all Nova Scotians. Unbundling is when a lawyer and a client agree to limit the involvement of the lawyer in the legal case, leaving the responsibility for other aspects of the case to the client. If you know that you will be handling some parts of your own case, you can hire a lawyer to handle other parts that you may not know how to complete or are uncomfortable doing. If you decide that you want a lawyer to work on some tasks or issues for you, it’s very important to be clear on which ones you will each be handling. Make sure you communicate regularly with the lawyer and ask questions.

Here are a few examples of what a lawyer may be able to provide in your case with unbundled legal services:

• • completing court forms
  • offering general legal advice and direction
  • assisting in writing an affidavit
  • attending a hearing
  • providing legal research

Here are several materials available to people who are self-representing, that may assist them in the court process:

• • You can visit the Courts website for information guides and frequently asked questions.
  • Family Law Information Program Centres, or ‘FLIP Centres,’ exist in the Halifax and Sydney Supreme Court (Family Divisions). FLIP Centres provide general information on family law and court processes, as well as written materials on different family law topics. Staff in the FLIP Centre can direct you on how to find a lawyer, and to community resources that may be helpful to you. FLIP Centres may also offer information sessions on family law topics, like divorce, and may provide a computer for filling out forms.
  • Court staff may be able to direct you to other services as well.

If you are going to a court hearing without a lawyer, the Going to Court workbook can provide you with helpful information.

Nova Scotia Legal Aid (NSLA) is a service provider that can offer legal advice or representation to Nova Scotian youth and adults who need help with a variety of legal issues. To qualify for a NSLA certificate, you need to qualify on the area of law and financial eligibility. NSLA often represents children over 12 in different cases.

If you apply to NSLA and they are not able to provide you legal advice or representation, they may approve you for a Legal Aid Certificate. This Certificate lets you find a private lawyer willing to take on your matter and be paid the legal aid rates.

Each NSLA office has a list of lawyers that are willing to accept a Legal Aid Certificate and you should ask for this list. You can try to retain someone on the list or seek out another lawyer of your preference. You or the lawyer you retain will need to let the NSLA office know who provided you the Certificate, and which lawyer has accepted the Certificate and is representing you.