My child is transgender. How will the court treat my custody case and which name and pronoun will they use?

Nova Scotia Courts will use the Name and Pronouns used in your Application

Courts in Canada have repeatedly recognized the right of a child to have the name, gender expression and gender identity of their choosing. Even if you have not legally changed your child’s name and gender marker, a Nova Scotia court will use the name and pronouns indicated by parents in the application.

Courts can View Unwillingness to Recognize that a Child is Transgender as Detrimental

If you or your former partner is not willing to recognize your transgender child’s name and pronouns, the court will likely view that as detrimental to the best interests of the child, and will often order that decision making responsibility will be given to the parent who is accepting of their child’s name and gender identity.

Courts have Recognized that Refusal to Support Gender Diversity can Cause Harm

It has been accepted at various levels of the legal system that a refusal to support a gender diverse child (whether transgender, non-binary, or another gender identity) causes harm to the child. If you are struggling with your child’s gender, it will help to seek out resources to help you understand what is going on. PFLAG (Parents and Friends of Lesbians and Gays) and EGALE are two well-known national organizations that offer resources for children. In Nova Scotia, The Youth Project is an excellent resource for both parents and children.

The lawyers and staff at Highlander Law are allies to the 2SLGBTQIA+ community.

By: Anastacia DesLauriers – Lawyer

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