Father in custody battle can’t have Children’s Lawyer records, court rules
TORONTO — Forcing a government legal office to turn over a child’s litigation records would undermine the very point of giving children a voice in custody disputes, Ontario’s top court has decided.
In setting aside an adjudicator’s ruling, the Court of Appeal found freedom of information laws do not apply to the Office of the Children’s Lawyer, an independent legal department within the province’s Ministry of the Attorney General.
“One of the most significant developments in family litigation affecting children is the recognition that the child has a voice,” the Appeal Court said in its ruling. “The adjudicator’s decision would muzzle that voice, undermine the court process and go against the best interests of the child.”
The case arose in 2008 out of a custody and access battle involving two children, then aged nine and 11 years old. A judge appointed the Children’s Lawyer to investigate the family’s situation and make recommendations.