John-Paul E. Boyd, KC has interviewed children and youth in the context of family law disputes since 2007. He has written extensively on the subject of children’s participation in justice processes, served as children’s counsel, organized a national symposium of legal and mental health professionals on hearing the voices of children in justice processes, and was instrumental in establishing the BC Hear the Child Society, the first organization of its kind in Canada.
John-Paul’s time is billed at a discounted rate of $400 per hour for children’s legal services, although flat rates can often be arranged.
views of the child reports
The views of the child reports available from John-Paul Boyd Arbitration Chambers are non-evaluative, meaning that they merely describe what the child has said and agreed that John-Paul may report. They do not editorialize or offer an opinion about the child’s views, including about the extent to which the views expressed by the child match the child’s actual preferences or the extent to which the child’s expressed preferences are in the child’s best interests. They are, however, an efficient and effective means of presenting the views of children in legal disputes.
Views of the child reports can be prepared quickly and inexpensively, often within a day or two depending on urgency and John-Paul’s availability. On occasion, John-Paul has been able to interview a child and complete a report on the same day he is contacted, usually at the request of the court. If a court order is required to appoint John-Paul to prepare a views of the child report, model orders are available for download in the Participation Agreements page.
John-Paul’s views of the child reports have been cited in decisions of the Provincial Court, Supreme Court and Court of Appeal of British Columbia.
Children’s affidavits
The affidavits of children and youth used in family law disputes should not be drafted by the lawyer for a party to the dispute, or by a lawyer working in association with that lawyer. To avoid any impression of influence or other improprieties, children’s affidavits should usually be prepared by an independent, neutral lawyer with no affiliation to either party or their counsel.
John-Paul is skilled at communicating with children and youth, establishing rapport, explaining the law, and helping them tell their stories in the way in which they are most comfortable.
Children’s affidavits prepared by John-Paul have been used in matters before the Supreme Court of British Columbia.
Children’s independent legal advice
Young people, usually children aged 12 and older, must consent to certain legal steps taken on their behalf, such as the appointment of a guardian, adoption, or a change of their name. Children’s consent must be “unequivocal, informed and voluntary,” as the Ontario Court of Justice has put it, and a child whose consent is required must accordingly receive advice from an independent lawyer about the meaning and effect of the decision the young person is being asked to make.
John-Paul is able to express complicated legal ideas in ways that children and youth understand. He will prepare an affidavit or declaration for use in judicial and administrative proceedings summarizing the information communicated to the child, explaining the child’s apparent understanding of that information, and expressing the child’s decision.
rate & retainer
John-Paul’s time for children’s legal services sort of work is billed at a discounted rate of $400 per hour, plus GST (and PST in British Columbia), although flat rates can often be arranged. When John-Paul is required to travel outside Calgary, we charge a flat per diem rate of $500; clients are not otherwise responsible for John-Paul’s travel costs or travel time, and will not be asked to pay for common disbursements such as accommodation, airfare or mileage.
Retainers — a sum of money provided up front as security for a lawyer’s future fees — may be requested, depending on the nature of the services to be provided.