The Genocide of Battered Mothers and their Children

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GAL’s: MISUSE OF POWER BY ATTORNEYS FOR CHILDREN

In domestic law on June 24, 2011 at 12:35 pm
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Guardians
Confusion on the Role of Law Guardians
The Matrimonial Commission’s Report and the Need for Change

Confusion on the Role of Law Guardians
The Matrimonial Commission’s Report and the Need for Change
By Nancy S. Erickson

n 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 matri-

monial 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 attor-
neys 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. Without clarity on this issue, the children, the courts and the public will remain
unprotected against ACs who misuse their power in that role

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