The child, who was the subject of a high-conflict custody and child protection dispute, ran away and sought assistance from a legal clinic.
The father obtained an urgent motion order restraining the legal clinic and its lawyer from representing or contacting the child.
The legal clinic and the child appealed.
The Divisional Court allowed the appeal, finding that the motion judge erred by conflating a child's right to standing in a proceeding with their fundamental right to seek independent legal advice.
The court held that children are entitled to seek legal advice without permission from their parents or the court.
