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Post by fixchildrensaid on Aug 27, 2007 16:33:10 GMT -5
Are there restrictions on who can become a Litigation Guardian for their children in a lawsuit?
For example, does a parent who has interim custody of a child have the right to refuse to allow the non-custodial parent from representing the child as Litigation Guardian?
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litigator
Junior Member
The legal guy
Posts: 20
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Post by litigator on Aug 27, 2007 21:03:04 GMT -5
The info below details who may be a litigation guardian in small claims proceedings. You may want to check the CFSA, CLRA and Family law act if it is a family proceeding as opposed to a civil proceeding
4.03 (1) Who May Be Litigation Guardian -Any person who is not under disability may be a plaintiff's or defendant's litigation guardian, subject to subrule (2). (2) If the plaintiff or defendant, (a) is a minor, in a proceeding to which subrule 4.01(2) does not apply, (i) the parent or person with lawful custody or another suitable person shall be the litigation guardian, or (ii) if no such person is available and able to act, the Children's Lawyer shall be the litigation guardian; (b) is mentally incapable and has a guardian with authority to act as litigation guardian in the proceeding, the guardian shall be the litigation guardian; (c) is mentally incapable and does not have a guardian with authority to act as litigation guardian in the proceeding, but has an attorney under a power of attorney with that authority, the attorney shall be the litigation guardian; (d) is mentally incapable and has neither a guardian with authority to act as litigation guardian in the proceeding nor an attorney under a power of attorney with that power, (i) a suitable person who has no interest contrary to that of the incapable person may be the litigation guardian, or (ii) if no such person is available and able to act, the Public Guardian and Trustee shall be the litigation guardian;
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Post by fixchildrensaid on Aug 28, 2007 14:48:39 GMT -5
Thanks, litigator. I was expecting this:
.. to be in there somewhere. It makes all the more sense why the CAS office we're dealing with asked for (and received, without the judge reading my responding materials) my ex-wife to be granted interim sole custody.
With the recent Supreme Court decision that CAS is not liable to protect parents' interests, I am unable to sue CAS (for now) for what they did to my daughter.
I'm off to find another new angle.
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