In a child protection proceeding, the child’s maternal aunt brought a motion seeking to be added as a party and requesting the appointment of legal counsel for the child pursuant to s. 38 of the Child and Family Services Act.
The court held that the aunt was not a necessary party under the Family Law Rules and that her proposed parenting plan could be advanced through the mother without granting her party status.
The court emphasized that adding additional parties may cause unnecessary delay and is not generally contemplated under s. 39 of the Act.
However, the court found that legal representation for the child was desirable given the presence of competing parenting plans and the importance of ensuring that the child’s views and interests were adequately presented.
The motion to add the aunt as a party was dismissed, but the request for legal representation for the child was granted.
