Roster minimum experience requirements: Family law

For a complete understanding of our minimum experience requirements, carefully read our minimum experience requirements amendments document.

DIVISION 1
FAMILY LAW

Minimum experience

12 (1) To be authorized to provide certificate services in family law, a roster member must have completed the following minimum experience within the last two years before applying for authorization:

1. substantial involvement in 10 family law proceedings, including matters of decision-making responsibility, parenting time, child and spousal support, property or divorce or any combination of such matters;

2. participation in at least three of any of the following:

   1. a case conference,
   2. a contested motion,
   3. a settlement conference,
   4. a trial management conference,
   5. a summary judgment motion,
   6. a focused hearing or trial,
   7. an arbitration or appeal;

3. participation in at least three of any of the following types of consensual dispute resolution processes, at least one of which achieved resolution:

   1. a mediation,
   2. the negotiation of a separation agreement,
   3. an arbitration,
   4. a Legal Aid settlement conference,
   5. a collaborative, alternative or Indigenous family law dispute resolution process.

(2) The roster member must

1. review the materials listed in the document entitled Material for review by roster members authorized to provide legal aid services in family law published on the Corporation’s website; and

2. in their application, attest that they have reviewed those materials.

DIVISION 2
CHILD PROTECTION LAW

Minimum experience

13 (1) In this Division, “CYFSA” means the Child, Youth and Family Services Act, 2017.

(2) To be authorized to provide certificate services in a matter under the CYFSA, a roster member must have had substantial involvement in at least 15 of the following proceedings or matters under that Act, completed within the last three years before applying for authorization, either representing parents or as counsel for the Office of the Children’s Lawyer or for the Children’s Aid Society:

1. a child protection conference, including a case conference, settlement conference or trial management conference;

2. a temporary care and custody hearing;

3. a motion for access;

4. a motion for summary judgment;

5. a child protection trial;

6. the negotiation of a customary care, voluntary care or temporary care agreement;

7. an Indigenous alternative dispute resolution process.

(3) The roster member must

1. review the materials listed in the document entitled Material for review by roster members authorized to provide legal aid services in child protection law matters published on the Corporation’s website;

   and

2. in their application, attest that they have reviewed those materials.