Family court

Going to Family Court in PEI: where a kinship caregiver starts.

You do not need to understand the whole court system before asking for help. Start by identifying the legal question and the service that can help you navigate it.

Grandfather and grandson sitting together at a table

Part of our Legal & Guardianship resource series. See the main Legal & Guardianship guide for the wider topic and related resources. Following a guided route? Return to the Legal-authority route.

Information reviewed September 2026. Services, program rules and legal processes can change, so use the linked official source for current information.

This page explains navigation, not legal strategy. Building GRAND-Families cannot tell you what application to file or what order to seek. A lawyer or qualified legal service should advise you about your specific case.

Family court is easier to navigate when you first identify the problem you need solved.

A kinship caregiver may be looking for decision-making authority, trying to respond to a parent's application, dealing with parenting time or contact, needing an enforceable arrangement or trying to understand an existing court order.

Before worrying about forms, write the legal question in one sentence.

Good first stops in PEI.

Community Legal Information

CLI provides plain-language legal information, legal navigation, lawyer referrals and information about going to court. This is often a good first contact for a kinship caregiver who does not yet know which legal route fits.

Community Legal Information PEI

Family Law Navigator

The PEI Family Law Navigator provides free, neutral navigation and referrals for people with children dealing with separation or divorce. Its scope does not cover every kinship situation, but it can connect eligible users with Family Law Centre services and other resources.

PEI Family Law Navigator

A new self-navigation tool launched in September 2026.

PEI's Family Law Navigator Self-Navigation Tool helps users identify family-law issues and connect with free services. It can provide information about parenting arrangements, child support, family violence and dispute resolution, but it does not provide legal advice or tell users which court forms to file.

Family Law Navigator Self-Navigation Tool

Legal Aid may be available in some family matters.

PEI Legal Aid provides legal representation and assistance in covered family and civil matters for people who cannot afford private counsel. Family applications involving dependent children are a priority, and the program also covers areas including child protection and guardianship, subject to eligibility, urgency, resources and the circumstances of the case.

Government of PEI: Legal Aid

Being the child's biological parent does not automatically create a right to free Legal Aid. Each person applies separately. PEI Legal Aid considers the kind of legal problem, financial circumstances, family size, urgency and seriousness, available program resources, and whether the applicant can obtain legal help another way.

That means two adults in the same family case can receive different decisions. A parent may qualify while a grandparent does not, or the reverse may occur. The difference should come from the eligibility and priority assessment, not simply from one person being the biological parent.

If your Legal Aid application is refused: PEI Legal Aid says you can ask to have the decision reviewed by the Director of Legal Aid. If your circumstances have changed, or there is additional information about your finances, the child's needs, urgency or the legal problem, provide it with the request for review.

When might a child need a Children's Lawyer?

PEI's Office of the Children's Lawyer can become involved when there is already a complex, high-conflict family-court matter and the court is deciding parenting time, contact or decision-making responsibility. The Children's Lawyer represents the child, not the grandparent, parent or other caregiver.

Can a grandparent, relative or other caregiver make the referral?

Yes. PEI says anyone can make a confidential referral, including a judge, parent, grandparent, relative, other caregiver or service provider. You do not have to be the child's parent to ask the Office to consider the case.

To request a referral form or get help completing it, call 902-368-4842.

Does a referral guarantee the child gets a lawyer?

No. The Office reviews every referral. It may close the referral or open an inquiry to gather more information before deciding whether to intervene and assign a Children's Lawyer.

What happens during an inquiry?

The Office reviews the court file and asks the adults to complete intake information. It may speak with the adults or the child and may gather relevant information from the child's school, health providers or other sources. If an inquiry starts, the Office notifies the court and the adults in the case.

What happens if a Children's Lawyer is assigned?

The lawyer acts for the child. The lawyer does not take instructions from the adults, does not need their consent and does not have to report information to them. The lawyer may meet with the child, speak with the adults, gather information, participate in negotiation or mediation, appear in court, and request a Parenting Arrangement Assessment or Views of the Child Report.

Important distinction: the Office of the Children's Lawyer says it cannot intervene in Child Protection cases or disputes about government services for children. A child in a Child Protection court proceeding may have access to legal counsel through a different process. If Child Protection is involved, ask the child's worker, your lawyer or a legal-information service which process applies.

The court still makes the decision. A Children's Lawyer makes sure the child's views and interests are represented. The judge decides parenting time, contact and decision-making responsibility based on the child's best interests.

PEI Office of the Children's Lawyer · How a child's views can be heard

Bring an organized document package.

  • Current court orders and agreements.
  • GACP or Child Protection documents.
  • Birth certificate or proof of relationship where relevant.
  • A timeline of major caregiving changes.
  • School and health information only where legally relevant.
  • Factual records of missed visits, incidents or communication if they matter to the issue.
  • Your list of questions.

Download Questions to Ask About Custody and Guardianship

Keep records factual.

Write dates, times and what happened. Avoid turning your notes into arguments about the parent's personality or motives. A clear factual record is easier for a lawyer, worker or court to understand.

Do not involve the child in preparing your court case.

Do not ask the child to collect evidence, deliver messages or choose sides. If the child's views need to be formally heard, ask a lawyer or court-related service about the appropriate process.

Going to court is not always the only route.

Depending on the issue, Family Court Conciliation, mediation, supervised parenting time, child-support services or another program may help. A navigator or lawyer can tell you whether an out-of-court service is appropriate and safe.