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A Call for Uniformity in Law Guardian Practice

By Jo Ann Douglas

The current climate of earnest review of practices in the matrimonial field makes a revamping of the state's law guardian practice exquisitely timely. Some swear by the use of law guardians, while others may swear at it. The disparity in views can be attributed to the disparity in practices, from department to department, county to county, court to court, and case to case. There is disparity in the training of law guardians, and most unjustly, a disparity based on the parties' finances and ability to pay. To put it simply, any inconsistency in how 9-year-old Michael Byrne's lawyer in Buffalo works from how Mikhl Bernstein's lawyer in Brooklyn operates is an inconsistency waiting to be rectified, and some proposals therefore are offered herein.

Several premises must be accepted from the beginning: 1) There is a compelling need for law guardians in hotly contested custody and visitation matters; 2) The role of the law guardians must be uniform throughout the state, and there is a need for statewide protocols defining that role in a uniform way; 3) Training for law guardians must be consistent, including “advanced” training for special issues, such as cases where there is a drug addicted parent, an immigration issue or a special needs child; and 4) There must be an absolute mandate for pro bono or low-paid appointments by all the people who accept the much more lucrative ones.

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