Tips to Remove a Law Guardian or Attorney for the Child

Susan Chana Lask

Written by

Divorce / Separation Lawyer

Contributor Level 6

Posted over 1 year ago. 2 helpful votes

Email

1

The Law Guardian is Not Communicating With the Child

Like any attorney, the Law Guardian must be able to communicate with the child to present the child's position as the client to the Court. If there is no communication or the child is resistant to the Law Guardian, then you as the Parent should inform the court by motion or otherwise that there is an irretrievable breakdown in communications mandating a new Law Guardian. The point is that if the attorney and the child client cannot communicate then there cannot be effective representation of the child before the Court. Not all Law Guardians are personable with children and a new Law Guardian may be better suited to communicate with the child. Worse, when there is not effective communication then the Law Guardian seemingly would impose their own position which may not be the child's position. Remember, it is always about the best interests of the child, not what the Law Guardian wants.

2

The Law Guardian is Not Reporting the Facts

One global ethics rule is that if there is no communication between the client and the attorney then the attorney should withdraw because it is impossible to claim your representing someone when they will not communicate with you and vice versa. It is as impossible to present the child's position if you are not communicating with the child. Remaining on the case will lead the Law Guardian to fictionalize facts and inject their own position because clearly the he or she is not talking with the child. The best interests of the child will not be represented that way. Particulalry, the Law Guardian can misrepresent to the Court whom the child should live with when the child actually has a contrary position. Children are not resiliant in distressing divorce and custody battles. They suffer emotional consequences and need proper representation, not misrepresentation.

Additional Resources

For more information and actual motions successfully removing Law Guardians and the attorney for the child, see www.appellate-brief.com

http://www.appellate-brief.com/blog/entry/children-in-child-custody-cases-choose-their-own-attorney.html

Rate this guide

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,677 answers this week

3,108 attorneys answering