Preparing for Child Protection Court as an Indigenous Parent in BC

Child protection court is not designed for the people most affected by it. Hearings move quickly. The language is specialized. The stakes are the highest in your life. Preparation — knowing what to expect, having legal support, and bringing documentation — directly affects the outcome.

For most Indigenous parents, the first appearance in child protection court is disorienting. The room is formal. Multiple professionals are present who already know each other and the case. Documents are referenced that you may not have received. Decisions are made that affect your children, sometimes before you fully understand what has been decided.

That experience of disorientation is not inevitable. Preparation changes it.

Know which court and what type of hearing

Child protection matters in BC are heard in BC Provincial Court, Family Division. Appearances at this court are different from adult criminal court. The judge is focused on the child’s safety and well-being.

The type of hearing matters. Common types include:

• Initial appearance: MCFD presents the application, a date is set for the next hearing
• Interim hearing: the court makes a short-term order while a longer hearing is scheduled
• Contested hearing: both sides present evidence; this is the longest and most detailed type
• Review hearing: the court reviews how a current order is working

Ask your lawyer which type of hearing you are attending and what your role in that hearing is.

Get legal representation before you arrive

Duty counsel is available at family courthouse but duty counsel can only provide very limited help on the day. The best preparation is having a lawyer before your first appearance.

Legal Aid BC (legalaid.bc.ca) provides child protection representation. Apply before your first court date. If you cannot get Legal Aid in time for your first appearance, ask duty counsel at the courthouse for help with that appearance only, then apply for ongoing representation immediately after.

Keep a record of everything

Every meeting with MCFD, every visit with your children, every program you attend, every Elder you speak with — record the date, what was said, and who was present. Bring this record to every hearing.

Courts make decisions based on evidence. Your documented progress is evidence. A verbal account of what you have done is much weaker than a written record.

Your cultural rights in court

Under Bill C-92, the court is required to consider your child’s cultural continuity and your rights as an Indigenous parent. If these factors are not being raised, your lawyer should be raising them.

Ask whether a Gladue report is appropriate for your proceedings. Stuart Cadwallader, a Tongas Tlingit Gladue writer and advisor to KFT-Families Society, has written more than 3,400 Gladue reports and can speak to the role of this document in child welfare proceedings.

For peer support from parents who have been through child protection court, contact KFT at [email protected] or visit keeping-families-together.com.

If you are an Indigenous family navigating child welfare in BC and need peer support, contact KFT-Families Society at [email protected], call Lori at 604-512-3266, or visit keeping-families-together.com. IFISC operates weekly peer support circles, connects families with culturally grounded resources, and provides guidance to parents at every stage of the child welfare process — at no cost.