Can my child have their own lawyer in a custody case?
Short answer
Yes. The court must give the child the opportunity to be heard if their age and discernment allow it (art. 34 C.C.Q.), and it can order that a lawyer be appointed to represent the child — the fees can then be charged to the parents (art. 160 C.C.P.). Children are also automatically eligible for free legal aid, regardless of financial situation; in a custody dispute, however, parents may be required to reimburse certain fees under the regulations.
In detail
The right to be heard. Whenever an application puts a child's interest at stake, the court must give the child the opportunity to be heard if their age and discernment allow it (art. 34 C.C.Q.). Court of Appeal case law places around age thirteen the point where the child's opinion becomes determinative — each case turning on its own facts.
The court-appointed lawyer. The court can order that a lawyer be appointed to represent a minor; it rules as needed on the fees, which are payable by the minor's father and mother or parents (art. 160 C.C.P.). This lawyer represents the child — not either parent.
Legal aid. Children and teenagers are automatically eligible for free legal aid, for all services offered, regardless of their financial situation. Among the named situations: youth protection (DPJ) is involved in the family's life, or the child wishes to give their opinion in a dispute over their custody — in that case, the parents may have to reimburse certain fees under the regulations in force.
What to document
The child's lawyer's contact information and the date of their appointment (the app's « Professionals and caseworkers » block is made for this), the notices and letters received — dated and in the vault — and the hearing dates where the child is to be heard. The child's exchanges with their lawyer, however, are confidential: they are not to be documented.
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Official sources
- Civil Code of Québec, art. 34 — LégisQuébec (French)
- Code of Civil Procedure, art. 160 — LégisQuébec (French)
- Éducaloi — Legal aid for children and teenagers (French)
Related questions
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- Can I represent myself in family court?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.