"There is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success, than to take the lead in the introduction of a new order of things."

~ Niccolo Machiavelli, historian and writer

Monday, April 6, 2009

Legal Guardianship ... Going It Alone?

The issue of guardianship is certainly becoming more prominent in many parents' minds today, particularly with the advent of the RDSP. As if there weren't enough reasons to seriously consider it before!

The Nova Scotia Supreme Court has recently released new Civil Procedure Rules. As their name might imply, these are the procedural rules that govern applications to the Supreme Court in civil [ie. non-criminal] matters. Of particular interest to our community is C.P.R. 71, concerning Guardianship.

I know some parents have been considering the advisability of bringing such an application on their own, without hiring a lawyer. They would be well-advised to study this Rule (as well as the other Rules it references) as it will govern their appearance in court.

And although I am not 100% clear on the issue, reading this Rule, I would say that it may well be that now only one court appearance is required as opposed to the two appearances formerly required, as set out previously. Which might just make the whole process a little more parent-friendly.

However, that matter could easily be checked out with a quick phone call to the Court Administration Office (sometimes called the Prothonotary's office) at the Supreme Court Justice Centre located nearest to you.

A self-represented litigant would also be very well-advised to review this page of tips before proceeding.

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