The Office of the Children's Lawyer appealed an interlocutory order requiring it to pay for a mother's psychiatric assessment in a custody dispute.
The Divisional Court allowed the appeal, finding that the motions judge lacked jurisdiction to order the disbursement of public funds for a private benefit absent specific legislative authority or a Charter breach involving an indigent litigant.
The order was set aside, and the father was ordered to pay for the assessment subject to reallocation at trial.
