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The Child-Centricity of Our Matrimonial Courts
Despite amendments to statute and court rule, it unfortunately remains all too common for the court still improperly to see the renamed “Attorney for the Child” if not as an aid to the court, as a purported “impartial” and “independent” sounding board whom the court will hear first at any conference. (The title “Attorney for the Child” was officially changed from the term “Law Guardian” in accordance with the Laws of New York, 2010, Chapter 41 amending the Domestic Relations Law, Civil Practice Laws and Rules, Family Court Act, Public Health Law, and Social Services Law, as well as the Rules of the Chief Judge at 22 NYCRR ' 7.2.)
In this regard, the child's attorney often gives the court his view of the case, at least as it relates to his client, and sometimes includes his “opinion” on the parents, the parents' interactions, and their purported parenting skills. It then becomes a defensive battle for the parent's attorney to start trying to refute an opinion (sometimes skewed) that may very well be taken, if not as gospel, at least as a reliable starting point for discussion.
I suggest that this ongoing disparate treatment, though perhaps well-intentioned, violates the parents' right of due process and too often improvidently empowers children in their familial relationships as their influence becomes litigation leverage. This is not to say that there is no time or place for a child's influence to be paramount, but our matrimonial courtrooms have lately become far too child-centric.
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