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Wilson on Children and the Courtroom

The traditional saying “children should be seen and not heard” no longer dominates the Canadian legal landscape. Find out more about the evolving relationship between children and the court system in this accessible new publication.
Publication Language: English

Softcover | 192 pages

In Stock
Published: November 12, 2020
ISBN/ISSN: 9780433509905

Product description

General Editor: Farrah Hudani
Former General Editor: Jeffery Wilson
Author: John P. Schuman

Anyone seeking a comprehensive overview of the role of children in the family law courtroom – as well as their rights – would do well to turn to Wilson on Children and the Courtroom for guidance. The content in this newly published manual is drawn from the industry-leading loose-leaf text Wilson on Children and the Law, but focuses exclusively on children in the courtroom and offers an expert analysis of that specific area of family law.

Topics covered include:

  • Litigation guardians
  • Hearing from the child as a non-witness, non-party and witness
  • The judge’s interview of the child
  • Assessing the competency of the child witness
  • Corroboration
  • Hearsay
  • Accommodation of the child witness in court
  • The rights of the child witness

Wilson on Children and the Courtroom offers an affordable, accessible alternative to anyone who must deal with children in the courtroom in the family law context and would be an invaluable acquisition for family law lawyers in Ontario, judges, legal aid clinics and law libraries.


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Table of contents

Chapter 1: Introduction 

Chapter 2: Party status
a) General
b) The litigation guardian
c) Assessing the litigation guardian assumptions

Chapter 3: Hearing from the child as a non-witness and non-party
a) The theory behind hearing the child without the child testifying
b) The judge’s interview
c) Through the evidence of a professional

Chapter 4: Hearing from the child as a witness
a) Hearing from the child as a witness rather than through other means
b) The competency of the child witness
c) Corroboration
d) The hearsay rule and its applicability to the statements of children
e) Accommodation of the child witness in the court system

Chapter 5: Rights of the child witness
a) Privacy
b) Private and confidential hearing
c) Support persons

Chapter 6: “Hearing” the child through a legal representative
a) Divergent roles in Canada
b) Case law on the duties and role of the child’s legal representative in child protection and custody/access disputes
c) The child’s counsel: Disagreement in case law
d) Legal representation and the child’s “best interests”

Chapter 7: Contempt of court
a) The Youth Criminal Justice Act
b) As a non-party in custody litigation