February 2007

The Matrimonial Commission’s Report and the Need for Change

By Nancy S. Erickson

In February 2006, after holding many hearings throughout the state, the Matrimonial Commission appointed by Judge Judith Kaye and headed by Judge Sondra Miller issued a final report addressing many issues important to the matrimonial Bar, including issues regarding law guardians for children. The Commission made a good start in the quest to deal with problems surrounding the law guardian system; for example, it recommended that the term “law guardian” be replaced by “attorney for the child” (AC), because the term “law guardian” can cause confusion in the minds of attorneys and litigants alike. However, in spite of the clarification a name change might bring, there remains much confusion as to the role and power of the AC.

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