F.A.Q.
You need a lawyer skilled in all types of youth protection cases, such as neglect, psychological abuse, domestic violence, sexual abuse, physical abuse and serious behavioural disorders. The lawyer is experienced in working with abducted babies, foster children and troubled teens.
A DYP lawyer focuses their practice on youth protection litigation. Some lawyers have a varied practice that touches on all areas of law. The specialized lawyer has one main area of practice. They concentrate full-time on cases against the DYP. They devote all their knowledge and energy to these cases. Their career is focused on representing parents against the DYP at the Court of Quebec, Youth Division.
The parents' lawyer assesses the facts of the case, analyzes them and determines the most favorable short-term and long-term solutions. The lawyer develops a personalized plan for the family situation in front of him or her. In the event of a dispute, he or she represents one or both parents in court. The lawyer is also involved in negotiating agreements with the DYP, so as to protect the parent's rights and interests. The parent's lawyer has a duty of loyalty to their client, and therefore to the parent. Their role is not only to advise their clients, but also to protect them. The parent's lawyer assesses the risks involved in the case and provides the parents with the appropriate explanations. He or she is also there to ensure that the parents' rights against the DYP are respected. The DYP does not have all the rights.
There is no one-size-fits-all answer to the question of what is the best defense against the DYP. Every family is unique, and the solution we seek must be tailored and personalized on a case-by-case basis. A good lawyer adopts a tailor-made approach, with a precise, well-thought-out plan, after a thorough analysis of the DYP file.
Winning against the DYP requires solid evidence. The parents' lawyer produces exhibits and conducts testimonies that are both convincing and reassuring for the court. The lawyer is the master of his or her evidence. He or she can subpoena experts. He or she determines what evidence is relevant against the DYP.
The DYP can close the file on its own when it is reassured by the parent that the situation is no longer compromising the child. The judge can also close the DYP file by dismissing the DYP's legal application at the end of a trial.