Donald Kilpatrick

The applicant child protection agency brought an application regarding three children, while the parents concurrently sought a divorce, custody, and property division.

Following a 154-day trial, the court dismissed the protection application, finding that the mother had made false allegations of domestic violence against the father and had a significant, unacknowledged alcohol problem.

The court awarded sole custody of the youngest child to the father, with restricted access for the mother, and ordered the mother to pay child support for all three children.

The court also determined that funds in the father's offshore account were held in a resulting trust and excluded from his net family property.

During a highly complex and lengthy child protection trial, the oldest child turned 18.

The Office of the Children's Lawyer brought a motion to vary the order appointing a lawyer for the child and to remove the OCL as his legal representative, arguing that the child was no longer a 'child' under the Child and Family Services Act.

The court found that while the child aged out of the statutory provisions, fairness and due process required his continued legal representation.

The court exercised its inherent jurisdiction to order that the child's lawyer continue to represent him and that the OCL continue to fund the representation until the completion of the trial.