The Role and Responsibilities of Minor’s Counsel
An attorney for minor children is sometimes appointed to represent the best interests of a child in custody, visitation, or other family law proceedings.
Role and Duties of Minor's Counsel:
The role of minor’s counsel includes gathering evidence, presenting the child's wishes (if applicable), and making recommendations to the court. Statutory and case law requirements govern the content and structure of their reports.
Minor's counsel represents the child's best interests and presents admissible evidence to the court. If the child expresses a desire, counsel must also present the child's wishes.- Counsel has a duty to make recommendations to the court based on what they believe is in the child’s best interests, in addition to the child's wishes.
Family Code Section 3151 and related provisions govern the rights and duties of minors' counsel, including the right to access the child’s records and participate fully in proceedings. Minor’s counsel can file pleadings and motions; issue discovery; make objections; and submit evidence.
Minors' counsel has the authority to speak with doctors, therapists, and others who provide services for the Child. Counsel.
Minor’s counsel represents the child and the attorney-client privilege applies to all clients, including minor children.
Minor’s counsel cannot represent children in domestic violence cases.
Minor’s counsel cannot be cross-examined.
Content and Requirements of the Minor’s Counsel Report
Minor’s Counsel is not required to submit a written report; however, most choose to file one with the Court.
The report must summarize pertinent facts, evaluate those facts, and provide recommendations regarding the child's best interests. The information must be current and substantiated.
Recommendations may address custody, visitation, and other issues relevant to the child’s welfare.
Minors' counsel plays a critical role in family law proceedings by advocating for the child's best interests. The Family Code explicitly requires minors' counsel to base their recommendations on the child's best interests, which may include considerations of custody, visitation, and other relevant issues. The report prepared by minors' counsel should be comprehensive and include a summary, an evaluation of those facts, and recommendations. Counsel should be well-informed, and the basis for any recommendation should be legally sound, substantiated, and current, as it is a critical tool for the court in making decisions regarding the child's welfare.
Conclusion
Minors' counsel in California is entrusted with the critical responsibility of representing children's best interests in family law proceedings. Their reports must be comprehensive, fact-based, and centered on the child's welfare. While the Family Code does not use the term "statement of issues and contentions" to describe these reports, it provides clear guidance regarding their content and purpose. By adhering to these standards, minors' counsel ensures that the court has the necessary information to make informed decisions in the child's best interests.
Vera A. Livingstone represents parents in all custody cases, including those where the Court has appointed Minor’s Counsel. She has litigated, mediated, and advocated in hundreds of cases involving children. She is also appointed by the San Diego Court to represent children whom the Court believes need representation. If you are involved in a custody case, no matter how difficult, contact Vera Livingstone at livingstonelawsd.com for a free consultation.
