Divorce and separation proceedings can be extremely difficult on spouses and partners. However, as difficult as the proceedings may be on adults, the proceedings can be (and often are) worse for children who are less equipped to handle the emotional and psychological toll that such proceedings produce.

On March 9, 2021, the Office of the Child and Youth Advocate (“OYCA”) released a statement regarding the impact of high conflict custody disputes on children. For those unfamiliar with the Office, OYCA is an independent body of the legislative assembly of Alberta. It is mandated to work with, and advocate for, the province’s vulnerable young people. Amongst its many duties, the OCYA advocates for susceptible youth receiving support or intervention services, including intervention services through the Director of Child and Family Services.

The Statement of Concern details the alarming increase in telephone inquiries received by the OCYA, many of which came from children seeking assistance in custody and access proceedings. As the OYCA notes in their statement, “family breakdown is one of the most difficult circumstances young people can experience” and unfortunately, it is often during family breakdown, that children receive “inadequate support”.

The impact of family breakdown can be exceptionally difficult for youth when parents are disputing where the children will live and how often the children will see each parent. In many high conflict parenting disputes, parents lose sight of their children’s needs and wants during the acrimonious proceedings.

Unfortunately, as the OYCA rightfully notes, the Court system is often not the most appropriate forum to address high conflict parenting disputes. As a result, children party to such proceedings are often irreparably harmed. The various ways that family breakdown and conflict can impact children, and particularly their relationships and development, is detailed in the OCYA statement.

EBL Family Law has lawyers on the OYCA roster of children advocates and regularly represents children in child welfare and private custody matters. Our firm is aware of the harm experienced by children who often find themselves stuck between parents. We provide representation for children in such instances and can ensure that the children’s views are before the Court where appropriate.

If you have questions about when, why or how to have children’s counsel appointed, questions about community resources for children and youth struggling through parenting disputes, or any other family law questions, you can set up a consultation by calling our office at 587.440.3070 or by using the Contact form on our website. Our office is set up to work virtually and we can assist you with any family or divorce issues you may have during the Covid-19 pandemic.

We also strongly encourage children and youth to contact the OYCA directly if they have concerns or questions about their legal rights and interests or they require direction to legal resources. More information about the OYCA can be found on their website and youth across Alberta can contact the OYCA toll free at 800.661.3446 or via email at ca.information@OCYA.alberta.ca.

The above information regarding the OYCA, its Statement of Concern, and the impacts of high custody disputes on children does not constitute legal advice. EBL Family is not liable for any reliance on the above information.