Under what circumstances may a child have counsel in custody proceedings?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In custody proceedings, a child's right to have counsel is primarily determined by their ability to express their interests and the context of the case. The correct choice highlights that a child may have legal representation if the minister is unable to identify the child's best interests and the child is over the age of 12.

This rule acknowledges the developing autonomy and ability of children to understand their situations and make preferences known as they mature. By allowing children over 12 to have counsel under these specific circumstances, the legal system recognizes the importance of their voices in matters that significantly affect their lives.

Counsel can advocate for the child's wellbeing and ensure that their interests are appropriately represented in custody disputes. The threshold age of 12 serves as a guideline for assessing a child’s ability to comprehend the proceedings and articulate their perspective.

The context of the other options underscores the nuances of this topic. Children younger than 12 may lack the maturity or understanding necessary for effective representation, hence why age is relevant here. Simply having parental disagreements or a child's request for counsel without consideration of their age or the circumstances does not automatically grant the right to counsel; it must be based on the minister's ability to identify the child's best interests. Therefore, the option that specifies the age and the criteria related

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