Legal Help if the Ministry Is Involved With Your Child in BC

Hearing from the Ministry of Children and Family Development about your child can be frightening. It is common to feel that you must answer questions or sign something right away, and to worry about how to pay for a lawyer.

This article gives a general picture of the help that may be available in British Columbia. Child protection law is its own area, and what applies to you depends on the facts, so this is a starting point for finding advice rather than a guide to your case.

This article covers the law of British Columbia.

Why child protection is different

A separation dispute is usually between two parents. A child protection matter involves the Ministry, and the issues, timelines and processes are different. Because the stakes can include where your child lives, getting legal advice early is worth considering.

Do not assume that what works in a parenting dispute applies here. A lawyer who works in child protection can explain the steps in your situation.

Mediation in child protection matters

Justice Access Centres offer free family justice services. Depending on your problem, you may be referred to child protection mediation. In mediation at these centres, a trained mediator helps you discuss the issues in a neutral, informal setting without giving legal advice.

Because the mediator does not give legal advice, think about speaking with a lawyer before you agree to anything.

Legal aid and low-cost options

Legal Aid BC is the main public source of lawyer help for people who cannot afford one. It has financial eligibility rules, and its income limits are updated from time to time, so confirm the current rules directly with Legal Aid BC rather than relying on an older chart.

If a full retainer is out of reach, a lawyer may be able to help with only part of your matter. Unbundling means a lawyer provides legal services for part of a client's matter, and client and lawyer decide which tasks each will do. Whether this suits a child protection matter depends on the case, so ask the lawyer.

Separately, if you are a spouse in a property division case under Part 5 of the Family Law Act, the Supreme Court may order an interim distribution of family property at issue to fund family dispute resolution, all or part of a proceeding under that Act, or obtaining information or evidence, but only if it would not be harmful to the interests of a spouse. This order is made only by the Supreme Court, only from family property at issue in property division, and it is not a general costs order. Whether it has any bearing on a matter involving the Ministry depends on your situation, so it is worth confirming with a lawyer.

• Ask Legal Aid BC whether your situation qualifies.
• Ask a lawyer about limited help for specific steps.
• Ask whether a student or pro bono service takes this kind of matter.
• Ask a Justice Access Centre about child protection mediation.

Related family help that may apply

If you are also separating from your child's other parent, Family Justice Centres offer free services on parenting arrangements, guardianship, child and spousal support and contact with a child. They also provide legal information with referrals for advice and referrals to community agencies. Some referred services are based on financial need, so you may be asked about income.

Family Justice Counsellors are accredited mediators who provide mediation, and child support disputes can use facilitated negotiation with a child support officer. If mediation is not suitable, staff help with next steps or referrals. Family dispute resolution professionals must also assess whether family violence may be present and, if so, consider how it may affect a party's safety and ability to negotiate a fair agreement.

If family violence is part of the situation, a court may make a protection order when family violence is likely to occur and the other person is an at-risk family member. When a child is a family member, the court must also consider whether the child may be exposed to family violence and whether an order should also be made for the child.

Family Law Centres give free, trauma-informed legal help to family violence survivors who cannot afford a lawyer, if they also have at least one additional eligible legal issue. They prioritize survivors who have fled an abusive partner within the past six months. They have in-person offices in Surrey and Victoria, and offer virtual services in several communities, including Kelowna, Kamloops and Prince George. Confirm current locations before you rely on them.

What to do next

• Keep every letter, email and message from the Ministry, and note dates of calls and visits.
• Write down names and contact details of anyone involved.
• Do not sign documents you do not understand without getting advice first.
• Contact Legal Aid BC and ask about eligibility.
• Call the Family Justice Centre line, Monday to Friday, 8:30 AM to 4:30 PM, at 1-844-747-3963, for referrals.
• Speak with a lawyer as soon as you can about your own situation.

Frequently asked questions