B.C. grandmother wins new hearing for custody because of poor counsel. (Child & Family).VANCOUVER Vancouver, city, Canada Vancouver, city (1991 pop. 471,844), SW British Columbia, Canada, on Burrard Inlet of the Strait of Georgia, opposite Vancouver Island and just N of the Wash. border. -- A British Columbia British Columbia, province (2001 pop. 3,907,738), 366,255 sq mi (948,600 sq km), including 6,976 sq mi (18,068 sq km) of water surface, W Canada. Geography grandmother has won the right to a new hearing for custody of her grandchildren GRANDCHILDREN, domestic relations. The children of one's children. Sometimes these may claim bequests given in a will to children, though in general they can make no such claim. 6 Co. 16. because, the B.C. Court of Appeal ruled, she was not effectively represented by her lawyer in the original hearing. The family had a history of involvement with the province's Child, Family and Community Services, which removed the infants from the grandmother's home. The mothers - aged 15 and 19 - also lived in the home. They supported removal of the children and opposed op·pose v. op·posed, op·pos·ing, op·pos·es v.tr. 1. To be in contention or conflict with: oppose the enemy force. 2. their mother's attempt to regain custody on the grounds that they, themselves, had suffered physical and emotional abuse from her. She denied the allegations. During the initial hearing, the grandmother's lawyer refused to put her on the stand to testify To provide evidence as a witness, subject to an oath or affirmation, in order to establish a particular fact or set of facts. Court rules require witnesses to testify about the facts they know that are relevant to the determination of the outcome of the case. and to counter evidence that was introduced for the first time on the grounds that she would harm her own case. He threatened to advise the judge that she was giving evidence against his advice if she insisted on testifying. When extended custody was awarded to the province, the grandmother appealed to the B.C. Supreme Court, which agreed that she had not received adequate legal counsel. However, the court rejected her request for a new hearing because, it said, the outcome was likely to be the same based on her lack of credibility. The Court of Appeal disagreed, stating that "where a litigant litigant n. any party to a lawsuit. This means plaintiff, defendant, petitioner, respondent, cross-complainant, and cross-defendant, but not a witness or attorney. LITIGANT. One engaged in a suit; one fond of litigation. is wrongly deprived of her right to call any evidence or testify, it cannot be said that she has had a hearing at all and a new hearing must almost always be ordered." |
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