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Minor’s counsel: when does your child need their own lawyer.

As a parent, you may believe that everything you do is for your child’s best interest. However, sometimes, the emotions of a high-conflict divorce or custody case can cloud your judgment. Other times, parents or state employees may have different views on what is best for your children. When that happens, the court may appoint a minor’s counsel, even if you don’t think your child needs their own lawyer, to help the judge sort things out.

When Does a Child Need Their Own Lawyer in a Divorce or Custody Case?

California law allows for “minor’s counsel” to be appointed in any case involving child custody or visitation. This includes divorce. A child doesn’t necessarily need their own lawyer in every custody case. In most low-conflict situations, parents are able to come to an agreement or present arguments to the court about custody and visitation that reflect their children’s best interests. However, in higher risk situations, including domestic violence, one parent is often battling against an abuser who is all too willing to prioritize their own needs over the child’s. Minor’s counsel may be appropriate under the California court rules where:

  • There is high conflict or extended legal history between the parents
  • The dispute is causing the child stress
  • There is information available about the child’s best interests that is not likely to be presented by either parent
  • There are claims of abuse or neglect of the child
  • Either or both parents may be incapable of providing a stable, safe, and secure environment for the child
  • There are special issues that a minor’s counsel can provide insight into for the court
  • The court believes independent representation is best

Minor’s counsel can be requested by either parent or their attorneys; the child or another relative on that child’s behalf; a mediator; attorneys or prosecutors in an abuse, neglect, or child abduction case; or certain professionals making custody recommendations to the court. A family law judge can also decide to appoint a minor’s counsel on their own. Where there are two or more children involved, the court may appoint each child a different attorney in case their interests are not the same.

What Does a Minor’s Counsel Do?

A family court judge must make all custody and visitation decisions based on the evidence presented in court. No matter how long a trial takes, that evidence is limited by the parents’ priorities and their attorneys’ access to information (some of which is often confidential). A minor’s counsel can assist the court by bringing to light information and evidence that would otherwise never make it to the courthouse.

Investigate Child-Related Facts

Once appointed, a minor’s counsel is a fact finder working on behalf of your child, independent of either parent’s preferences or interests. They act as a neutral voice for the child until that child turns 18, or their appointment is ended by the court. Minor’s counsel assists the judge by gathering information that may not otherwise make its way to court. This may include:

  • Speaking to the child directly (without either parent present)
  • Interviewing teachers, doctors, and therapists
  • Reviewing school records including report cards and disciplinary records
  • Accessing medical records
  • Requesting physical and psychological examinations that affect the minor

Provide Fact Finding Reports to the Judge

Once a minor’s counsel’s investigation is complete, he or she will prepare a report for the judge. In this report, the minor’s counsel may raise concerns about the child’s care, review findings related to the child’s health, safety, and well-being, and express an opinion about what is in the child’s best interests. Because the minor’s counsel has access to a more complete picture of the child’s life, judges often give these reports substantial weight when resolving a child custody dispute between the parents.

Express a Child’s Preference to the Court

California law directs family law judges to consider a child’s preference in deciding custody and visitation if the child is of “sufficient age and capacity to reason so as to form an intelligent preference as to custody.” Still, it is very rare for a child to testify before a judge. Depending on the child, and the circumstances they experienced, appearing in court in front of their parents or their attorneys to say where they want to live can be stressful, sometimes even traumatic, and may affect the child’s relationship with their parents. In those cases, the minor’s counsel can discuss the child’s preferences with them privately and then express those preferences to the court in a way that protects a child’s rights and wishes, as well as their parent-child relationships.

However, a minor’s counsel is not required to advocate for the child’s preference. They act as an objective and independent agent, and their recommendations are based on the entire circumstances around the child, not just their wishes. Parents are wise not to try to infer a child’s preferences from a minor’s counsel’s statements in court.

Should You Request Appointment of Minor’s Counsel for Your Children?

The question of whether your child needs their own lawyer is a difficult one for many parents. Minor’s counsel is usually paid by the parents. How those costs are divided is up to the court. That means before you request an appointment you will need to consider whether you can afford the additional legal fees that will result.

You may think that by requesting appointment of a minor’s counsel you will be getting another advocate on your side of the case. However, unless you are entirely certain of the facts, the independent nature of a minor’s counsel’s appointment could come back to haunt you. Minor’s counsel owes you no obligation, even if you are the party requesting appointment and paying the bills. That means any part you play in the difficulties your child is facing will also be brought to light. Before you push for an appointment, talk to your own family lawyer about the potential negative consequences and be exceptionally transparent about anything the child, or the professionals who work with them, may say against you.

Still, high conflict custody battles can put a strain on your entire family, including your children. Requesting appointment of a minor’s counsel may help free your child from stress and make sure their needs are addressed, especially when the truth seems hard to prove. At ADZ Law, LLP, our attorneys serve as minor’s counsel . We understand the role and can advise you on whether or not your child needs their own lawyer in your custody case. While we cannot represent both you and your child, we invite you to contact ADZ Law, LLP to schedule a consultation to learn more about our team , and how we can help your family when conflict is high.

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Minor’s Counsel: The Attorney for Your Child

Table of Contents

“It is a double pleasure to deceive the deceiver.” Niccolo Machiavelli

Involving a child in a custody and visitation hearing is avoided at all costs. Even though parents have a right to call their child to testify in custody hearings, in practice, it rarely happens. In high conflict custody cases, the court will often find other ways to gather evidence to find what is in the best interest of your child(ren) short of them testifying.

If your case is high conflict, where allegations are hurled back and forth, the court may appoint an attorney to represent your child in court.

It is a very awkward thing to appoint a five-year old an attorney. I recall once being in court and seeing a child stamp up and down crying “I want my lawyer.”  The bailiff could not calm her down until he went and fetched the demanding child’s lawyer.

If you are involved in a high conflict custody case in Los Angeles County , there is a strong chance that the court will appoint an attorney to represent your children’s interest in court. While I do not mean to imply that judges rubber stamp minor’s counsel’s requests, what your kid’s attorney requests in court is often the order of the court. Being informed about the role of minor’s counsel will assist you in custody and visitation proceedings.

I was recently certified to represent children in family court as a minor’s counsel. I have had 11-years of cases against minor’s counsel in dependency court and dozens with minor’s counsel in family law. My personal and professional opinion about minor’s counsel tosses back and forth between admiration to completely terrified.

“With great power comes great responsibility.”

I am constantly hearing from my colleagues about some reckless minor’s counsel that wields entirely too much power with the court.  I am always asked about this minor’s counsel or that one. It is an issue that continues to come up throughout the years.

A minor’s counsel is an attorney that represents children in custody proceedings. Pursuant to California Family Code Section 3150 (a) , if the court determines it would be in the best interest of the child(ren), the court may appoint private counsel to represent the child(ren) in a custody or visitation proceeding, and provide the court and counsel comply with California Rule of Court 5.242 .

Minor’s counsel is required to represent the best interest of the child(ren) by gathering and presenting evidence that bears on the best interest of the child. Minor’s counsel is not required to be a social worker or provide non-legal services. Think of it as a third attorney on the case that is subject to the same laws and procedures as your lawyer.

Subject to the court’s order of appointment, pursuant to California Rule of Court 5.242(k), minor’s counsel may attend and participate in hearings relevant to the child, take positions relevant to the child on legal issues before the court,  and seek and advocate for services for the child. If the child(ren) desire, minor’s counsel may present the child’s wishes to the court.

When the court appoints an attorney to represent your children, their job is to gather admissible evidence and advocate for services.

The Minor’s counsel pursuant to California Rule of Court 5.242(j), has a right to the following:

  • Reasonable access to the child(ren)
  • Seek affirmative relief on behalf of the child
  • Take any action available to a party
  • Access to the child’s medical, dental, mental health, school, and educational records
  • Assert or waive any privilege on behalf of the child
  • Seek independent psychological or physical examination
  • Not be called as a witness

Do I Have to Allow My Child to Speak With the Minor’s Counsel?

Yes. California Rule of Court 5.242(j) allows for reasonable access. This includes meeting with your child in private. This maintains attorney and client privilege. So, any attempt to deny the attorney access to your child could be a costly mistake.

What Do I Do if the Minor’s Counsel is Against My Interest in Court?

If the minor’s counsel is against what you want in court, your chances of success are lowered. However, if you must fight Minor’s Counsel in court, then know their role in the proceedings. Their role is to gather admissible evidence and advocate on behalf of the children.

So, if the minor’s counsel is stating what your children have said, OBJECT to it as hearsay. Often, the minor’s counsel will come in and report what others have told them. Make sure to shut down any attempts by the minor’s counsel to talk about things that are not in evidence.

If you are representing yourself in court, consult with a Long Beach family law attorney about what is admissible evidence is for your case.

Do I Get to Pick the Minor’s Counsel?

The Minor’s Counsel is appointed by the court. Most times the court randomly selects attorneys for each case. Certain judges tend to appoint the same minor’s counsel repeatedly.

If both sides agree to the appointment of minor’s counsel, then the court will often allow the parties to select.

Which Minor’s Counsel Do I Want to Pick?

Like all professions, mediocrity is present in the pool of minor’s counsel. I suggest consulting with at least five Family Law Attorney specialist with the court where your case is assigned about the best and the worst minor’s counsel that could be appointed to represent your children.

I suggest finding a minor’s counsel that is reputable with your specific judge, who has worked with your lawyer previously and develop strategies to avoid getting certain minor’s counsel appointed on your case.

What Do I Do When Minor’s Counsel is Appointed to My Family Law Case?

As a minor’s counsel, I want to talk to the parents about the case. I want to find out the family history, issues, and the evidence available to discover the best interest of the children. My suggestion is to not overwhelm the minor’s counsel with information but to gather helpful evidence to your case and provide it to them in a timely manner.

Be an advocate for your child. Layout what parenting plan you think is best and why. Help minor’s counsel understands the issues and challenges that your family has so that the minor’s counsel can identify and seek solutions.

A good minor’s counsel should always seek a resolution to your case. When parents fight in court, there is an energy and negativity that seeps into the child’s life.

If you are appointed minor’s counsel, know that their requests are given great weight by the court. It is best to work hard towards a settlement with the minor’s counsel. If a settlement is not possible, you should know the minor counsel’s role and contest their position based on a lack of evidence in the record.

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The Role of Minor’s Counsel in Family Court Proceedings

  • by Barbara Robertson |
  • September 15, 2001 |
  • Bonnie Benitez, JD, former Staff Attorney |

The California Therapist September/October 2001 Bonnie Benitez, JD (Former CAMFT Attorney) Reviewed November, 2020 by Kristin W. Roscoe, JD (CAMFT Staff Attorney)

Therapists who treat children caught in the middle of a custody dispute are often contacted by attorneys for information about such children. Generally speaking, therapists should avoid engaging in communications with the attorney of either parent (see Benitez, Bonnie, “Avoiding the Good Mom/Bad Dad Trap.”). However, there is one attorney therapists should communicate with, minor’s counsel, an attorney specifically appointed by the court to represent the child’s interests.

Minor’s counsel is appointed if the court determines that it would be in the best interest of the child. This attorney does not represent the interests of either parent; rather he/she represents the interests of the child in a custody or visitation proceeding. Once appearing on behalf of the child, minor’s counsel will continue to represent the child unless relieved by the court or for cause (California Family Code §3150(b)).

Duties of Minor’s Counsel Minor’s counsel is charged with the representation of the child's best interests. His/her role is to gather facts that bear on the best interests of the child, and present those facts to the court, including the child's wishes when counsel deems it appropriate for consideration by the court. The duties of minor’s counsel include interviewing the child, reviewing the court files and all accessible relevant records available to both parties, and making any further investigations as minor's counsel considers necessary to ascertain facts relevant to the custody or visitation hearings(California Family Code §3151).

At the court's request, minor’s counsel will prepare a written statement of issues and contentions setting forth the facts that bear on the best interests of the child. The statement sets forth a summary of information received by counsel, a list of the sources of information, the results of the counsel's investigation, and other matters as directed by the court. The statement is filed with the court and submitted to the parties or their attorneys of record prior to the hearing, unless the court orders otherwise.

Minor’s counsel can introduce and examine witnesses, present arguments to the court concerning the child's welfare, and participate further in the proceeding to the degree necessary to adequately represent the child, and the release of information to counsel does not constitute a waiver of the confidentiality of the reports, files, and any disclosed communications (California Family Code §3151).

Rights of Minor’s Counsel Minor’s counsel has the following rights:

  • Reasonable access to the child.
  • Standing to seek affirmative relief on behalf of the child.
  • Notice of any proceeding, and all phases of that proceeding, including a request for examination affecting the child.
  • The right to take any action that is available to a party to the proceeding.
  • Access to the child's medical, dental, mental health, and other health care records, school and educational records, and the right to interview school personnel, caretakers, health care providers, mental health professionals, and others who have assessed the child or provided care to the child.
  • The right to reasonable advance notice of, and the right to refuse any physical or psychological examination or evaluation, for purposes of the proceeding, which has not been ordered by the court.
  • The right to assert or waive any privilege on behalf of the child.
  • The right to seek independent psychological or physical examination or evaluation of the child for purposes of the pending proceeding, upon approval by the court. Therapists working with children should be aware that no authorization from either parent is required prior to the disclosure of information to minor’s counsel. Once minor’s counsel is appointed by the court, he/she is entitled to any and all mental health records regarding the child. Moreover, minor’s counsel has the right to interview any health care provider in an effort to determine what is in the best interest of the child.

Minor’s Counsel’s Access to Child Abuse Reports Minor’s counsel can also request that the court authorize the release of relevant reports or files concerning the child from the relevant local child protective services agency. If such an authorization is granted, the court will review the reports or files in camera in order to determine whether they are relevant to custody or visitation, and whether and to what extent they should be released to minor’s counsel.

Communication with the parents’ attorneys While minor’s counsel has the right to access a therapist’s records and interview the therapist, no such right exists for the parents’ attorneys. A therapist who is treating a child in the midst of a custody battle should not communicate with either of the parents’ attorneys. If contacted by an attorney representing a parent, the appropriate response would be to politely inform the attorney that you are unwilling to communicate with him or her. For example, if a therapist receives a message from a parent’s attorney on his or her answering machine, he or she could simply return the call stating: “I am responding to your message as a professional courtesy, however, I am unable to confirm or deny whether (insert name of patient) is a patient of mine, and, assuming (insert patient’s name) is a patient of mine, it is my policy not to disclose any patient information without written authorization or an order from a court.”

It is important for therapists to be cognizant of the role of each of the players involved in a custody dispute. Although treating therapists should generally steer clear of any communication with the parents’ attorneys, contact between a treating therapist and minor’s counsel can be a key component in a successful resolution of a custody dispute.

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FAQs About Minor's Counsel

appointed counsel in child custody

Minor's counsel is a non-biased voice for a child in a family law matter. This protects the minor's well-being and does not force a child to take sides with their parents. The primary role is to work toward the child's best interest without concerning the minor with challenging situations during a divorce or contested custody case. Since this professional plays an essential part in determining the child's future, it is crucial to have an excellent understanding of situations in which minor's counsel would be used and how it affects your child custody case.

What is the Job of Minor's Counsel?

Minor's Counsel investigates the child's situation and gathers information about their health, safety, and environment. For example, this professional consults with doctors, family, and other pertinent parties. Counsel also evaluates medical records, schoolwork, and additional information that helps determine the child's best interest.

What is the Need of Minor's Counsel?

In a divorce or a custody case, both parents will have their own attorneys. It is important for the child to have representation as well. Minor's Counsel investigates allegations and facts that are involved with the case. This individual has access to all data related to the child and can interview any person in the child's life.

Can Any Lawyer Represent a Child as Minors' Counsel?

The court must appoint a lawyer to represent the child. However, a parent may request minor's counsel to be selected from a particular group of qualified minor's counsel attorneys. In the end, the court must sign off on this type of request.

Who Pays the Fees of Minor's Counsel?

It is up to the court to determine and order who must cover the fees of minor's counsel. This will be based on the presented evidence. One parent may be forced to pay all fees, or both parties may split the cost.

Once Minor's Counsel is Appointed, What is the Next Step?

After minor's counsel is appointed, the court sends a notification to the lawyer's office. At that point, the attorney sends letters to each party and sends releases to the child's doctor, school, and other relevant sources. If both parents are responsible for covering the fees, a retainer must be paid. Once this is settled, the investigation process begins. Besides speaking with witnesses, it is necessary to schedule a meeting with the minor child. All findings are released on the set court date.

Does the Court Always Side with the Child?

Although a child's preference is part of the equation, it is not the sole basis for the court's recommendation. Minor's counsel must determine the best interest of the child. Specific details are involved during the investigation. If these do not agree with the child's wants, minor's counsel does not need to comply with a child's preference.

Should a Parent Discuss the Case with the Child?

Talking with the child about their child custody case is discouraged. Court cases are challenging for adults and may cause additional stress on a child. It is acceptable to explain that the child has a lawyer who will meet with them. It is important to stress that everything discussed stays between the child and the lawyer. Also, it is vital to explain that the child must be truthful at all times.

Rights of Minor's Counsel

Certain rights are afforded to minor's counsel so that the child's best interest is protected.

  • Reasonable access to the child
  • Confidentiality at all times
  • Ability to monitor parents and anyone involved with the child
  • Attend each hearing that pertains to custody, visitation, or similar subjects
  • To give statements on behalf of the minor
  • Receive and respond to court filings that relate to the minor

In California, minor's counsel plays a significant role in representing a child and uncovering the best outcome for their physical and emotional well-being during a highly contested child custody case.

If you have further questions about minor's counsel, contact our skilled lawyers online or call us today at (626) 340-0955 .

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Representation of the child in cases involving child custody or child access issues, types of attorneys who represent children.

  • Court-Approved Roster of Child Counsel

Attorneys can serve three roles on behalf of children in cases with child custody or child access issues:

A Child's Best Interest Attorney , or BIA, is a lawyer appointed by the court for the purpose of protecting a child's best interests, without being bound by the child's directives or objectives. The Child's Best Interest Attorney makes an independent assessment of what is in the child's best interest and advocates for that before the court, even if it requires the disclosure of confidential information.

A Child's Advocate Attorney , formerly called a "child's attorney," is a lawyer appointed by the court to provide independent legal counsel for a child. A Child's Advocate Attorney owes the child the same duties of undivided loyalty, confidentiality, and competent representation as are due an adult client. This type of attorney is appointed when the child is need of a voice in court, such as in relocation cases, when there are allegations of child abuse, or where the child is sufficiently mature and sees his/her interests as distinct from the interests of his/her parents.

A Child's Privilege Attorney is a lawyer appointed by the court in a case involving child custody or child access to decide whether to assert or waive, on behalf of a minor child, any privilege that the child if an adult would be entitled to assert or waive. This term replaces the term “Nagle v. Hooks Attorney” (Nagle v. Hooks, 296 Md. 123 (1983)). The court may combine the roles of Child's Privilege Attorney with either of the other two roles.

Download the Order Appointing Counsel for Child (PDF)

The following documents explain the qualifications and responsibilities of court-appointed lawyers who represent children. All applications must be submitted via email to [email protected].

Download The Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access (PDF)

Download Policies and Procedures for the Appointment of Child Counsel (PDF)

Lawyer helping young adult with paperwork

Court-Approved Roster of Child-Counsel Attorneys (last updated 5/15/2023)

NOTE: The following list is in alphabetical order; this list does not make any representations as to the competence of a particular attorney but only affirms that each attorney has complied with the requirements of Md. Rule § 9-205.0 and the policies and procedures established by the Circuit Court for the appointment of child counsel.

It is anticipated that additional attorneys will be added to the list on an ongoing basis as new applications are received and approved.

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Bohm Wildish & Matsen – Family Law Group

Orange County Family Law Attorney

What is “Minor’s Counsel?”

In most California child custody cases, minors are rarely allowed to testify in court or speak to the judge directly. Because of this fact, the court will appoint minor’s counsel to interview the child about their concerns and their custodial preference.

Minor’s counsel is a neutral voice for the child, without compromising the child’s rights, emotional well-being, or forcing the child to side with one parent or the other. Their role is to consider what is the best interest of the child , while not being bound by emotions that often come with divorce, child abuse, neglect, and other difficult issues often associated with contested child custody or divorce cases

Minor’s counsel only represents the child . If there is more than one child involved, separate counsel for each child may be appointed. The county might pay for the representation if the parents can’t afford to pay themselves but usually the court requires one or both parents to pay the fees. Once assigned, the attorney continues to represent the minor until the child reaches the age of 18. In some cases, the court may choose to end their appointment early.

Minor’s counsel is a neutral voice for the child, without compromising the child’s rights, emotional well-being, or forcing the child to side with one parent or the other.

What Do “Minor’s Counsel” Do, Exactly?

Minor’s counsel act as fact finders. They learn about the child’s best interests including the health, safety, and welfare of the child. They will gather information from interviews with the child, the parents, therapists, and doctors. They will also evaluate school and medical records, psychological evaluations, and any other record that provides relevant information pertaining to the child’s needs.

Minor’s counsel is entrusted with rights in order to protect the child’s best interests

Some of these rights are as follows:

  • Reasonable access to the minor;
  • Seeking relief on behalf of the minor;
  • Notices of proceedings and all phases of the proceeding, including requests for examinations that may affect the minor;
  • The right to interview individuals and review records relating to medical, dental, psychological, school, case workers, service providers, or any other individual that has cared for the child;
  • Required to maintain confidentiality in accordance with the law;
  • The right to be given notice of, to seek or refuse independent medical and psychological exams, for the purpose of the proceedings, unless court ordered;
  • The right to be provided all court filings and documents and to file proceedings and respond on behalf of the minor;
  • Monitor advocates, parents, counselors, state workers and others involved with the child to ensure that they are not violating the child’s rights;
  • Be at every hearing where it pertains to custody, evaluation, visitation, or any hearing directly related to the child; and
  •  To be notified and present as well as be given the opportunity to be make statements or be heard by the court on behalf of the minor.

In some cases, minor’s counsel may express the child’s wishes to the court but know that their requests for action are given insignificant weight.

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Minor’s Counsel and Family Code Section 3150

Counsel and Family Code Section 3150

Divorce cases are often quite stressful. Yet, when the divorce involves children and having to endure child custody hearings, the situation can become even more challenging, especially when the parents have a tumultuous relationship. In these high-conflict custody cases, a “minor’s counsel” may be appointed by either the court or the other party to represent the child’s interest. However, many people do not actually know what a minor’s counsel is, let alone what they do. To fully understand what this role means for your child, and how an Orange County minor’s counsel can affect your child’s custody case, we will first need to examine California’s Family Code Section 3150.

California Family Code Section 3150

Recently, California’s Family Code has been rewritten with respect to a minor’s counsel and the scope of their duties and the overall effect they have on the case. The new authority governed by California Family Code Section 3150  states the following:

  • (a) If the court finds that if it is in the best interest of the minor child, they will appoint a private counsel to represent the child’s interests, provided that counsel and the court comply with the requirements indicated in Rules 5.240, 5.241, and 5.242 of the California Rules of Court.
  • (b) Once counsel enters an appearance on behalf of the minor child according to this rule, they will continue to represent that child unless they are relieved by the court through the substitution of another counsel or for some other cause.

So What Exactly Does a Minor’s Counsel Do?

According to California’s Family Code, Section 3150, a minor’s counsel will not only act as a factfinder for the court, but they will also serve as the minor child’s attorney. It is their primary obligation to represent the child and look after their best interests concerning their safety, welfare, and health.

This special counsel will gather necessary information from interviews conducted with the parents, the child, doctors, and therapists, as well as through their evaluation of the child’s medical records, psychological evaluations, school records, and any other relevant information pertaining to the child and their needs. Once the minor’s counsel is done with their research, they will present their report to the court, who will then use this information to assist them in developing a complete picture of the minor child’s past and current well-being status. From these conclusions, the court can determine which decision is in the best interests of the child.

How Will a Minor’s Counsel Protect the Child’s Best Interests?

California’s Family Code explicitly spelled out what a lawyer, who was appointed to represent a minor child, can do to make sure they are looking out for the child’s best interests in a custody case. These rights include the following:

  • Reasonable access to the minor child.
  • Seeking affirmative relief on behalf of the minor child.
  • Notices of proceedings and all phases of the proceeding, including requests for examinations affecting the minor child.
  • The right to take action that is available to a party to the proceeding, including filing pleadings, presenting evidence, being heard in the proceedings, making evidentiary objections, presenting motions and orders, participating in settlement conferences, seeking writs, trials, appeals and arbitrations on behalf of the minor child.
  • The ability to interview individuals responsible for caring for the child, mediators, and review records relating to the minor child’s medical records, school records, caseworker’s information, dental records, psychological records, and service provider’s information. However, the release of this information to the minor’s counsel will not waive the confidentiality of the reports, communications, or files.
  • The right to be given adequate advance notice of and the ability to refuse an independent physical or psychological examination, for the purpose of the proceedings, unless the court ordered them.
  • The ability to monitor parents, counselors, state workers, and others involved with the child to make sure that they are not violating the rights of the minor child.

After their examination, the minor’s counsel is expected to prepare a written report for the court explaining the various issues of the case, the specific contentions of the parties, the child’s wishes, and the results of their investigation into what they believe is for the best interest of the child.

Will a Minor’s Counsel be Appointed in Every Custody Case?

Even though a minor’s counsel plays a significant role in a custody case, they are not appointed in every situation. In fact, a minor’s counsel is rare; usually, parents and lawyers that are already involved can gather the required evidence, which ultimately reduces the need for this special counsel. However, if there is an extensive conflict between the parents and the court finds that the attorneys involved are not helping the matter, the court may decide that an independent lawyer is needed to gather the appropriate evidence and determine what is in the best interest of the child.

Who is Responsible for Paying for a Minor’s Counsel?

Regardless of why or how the minor’s counsel is appointed, the parents of the minor child are responsible for paying for the service of this counsel. In situations where the parents cannot pay or afford these services and the court finds that a minor’s counsel is necessary, the court may then decide to pay for these services if there is available funding.

How Can an Orange County Family Law Attorney Help You?

Child custody disputes are often complicated, require a lot of information, and can put families in stressful situations. That is why if you are involved in a child custody case, you need an experienced Orange County family law attorney on your side.

Our firm understands that family law issues are not isolated, and child custody disputes will affect every area of your life. However, after 50 years of combined legal experience, our attorneys also know how to help you through this challenging time and provide you with the legal assistance you need. If you require further information regarding a minor’s counsel or would like to discuss your child’s custody case, please call Pedrick Law Group, APC, at (949) 388-8682 to schedule your consultation today.

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  • DIVISION OF HUMAN SERVICES

I Want to Learn About My ICWA Legal Options

Understand ICWA further, the legal options of ICWA cases, and the role BIA plays.

Does ICWA apply to my case?

Federal regulations provide that the Indian Child Welfare Act (ICWA) applies to child-custody proceedings and emergency proceedings involving an Indian child.  An “Indian child” is any unmarried person who is under age 18 and either:

  • A member or citizen of an federally recognized Indian Tribe; or
  • The biological child of a member of a federally recognized Indian Tribe, and is eligible for membership or citizenship in a federally recognized Indian.  See 25 C.F.R. 23.2, 23.

Indian Tribes are listed here . The court handling the proceeding determines whether ICWA applies, not the Department of the Interior, and the Department does not provide opinions as to the merits of any state court child-custody proceeding. 

If ICWA does apply, what rights must the court inform me of?

 If ICWA applies, the court must inform you of your:

  • Rights to an attorney or appointed counsel and, if the court determines you cannot afford counsel, you have the right to court-appointed counsel.
  • Right to request that the child-custody proceeding be transferred to Tribal court,
  • Right to object to a transfer to Tribal court,
  • Right to request additional time to prepare for the child custody proceeding as provided in  § 23.112 . Up to 20 additional days from the date upon which notice was received can be granted to prepare for participation in the proceeding.
  • Right to intervene (if the parent or Indian custodian is not already a party in a child custody proceedings).

What happens if the court determines I am indigent?

If a court determines you are an indigent Indian, under 25 C.F.R. 23.13(b), the BIA Regional Director must certify that you are “eligible to have… appointed counsel compensated by the BIA,” taking into account factors such as the availability of funding.  The BIA Regional Director may deny certification on the basis that “[f]unds are not available for the particular fiscal year.”  25 C.F.R. 23.13(b)(6). Upon appointing counsel, the state court should have sent a written notice to the BIA Regional Director containing all of the information listed in 25 C.F.R. 23.13(a)(1)-(7).  This notice is separate from the ICWA Notice, Petition to Adopt, or other related documents.  The BIA Regional Director will have 10 days to notify the state court, the indigent Indian client, and the appointed attorney as to whether the client has been certified as eligible to have his or her attorney fees paid by the BIA. 

Does ICWA apply to Tribes?

The ICWA does not apply to Tribes. The Department does not provide oversight on how, when and if, the Tribe intervenes or participates in a State ICWA case. If the Tribe chooses to transfer the case to Tribal court, the case is governed by the Tribe’s laws as a Sovereign Nation after transfer.

Can the Department of the Interior or Bureau of Indian Affairs assist me in my ICWA case?

The Department of the Interior, including the Bureau of Indian Affairs, cannot provide any legal advice.  Nor can we represent individuals or Tribes in legal ICWA court proceedings.  The Department does not have the legal authority to participate in, or give legal advice or guidance in a specific ICWA case.

What can the Department of the Interior do for my ICWA case?

If you contact us, our staff will do our best to answer your questions without providing any legal advice, provide emotional support, and direct you toward helpful resources

What if the State is not complying with ICWA?

The Department does not provide oversight of States ICWA requirements. If you think the State is not complying with ICWA please refer to 25 U.S.C. §§ 1913(d) and 1914, as well as 25 C.F.R. 23.137, which establish (1) situations in which a child placement can be challenged for failure to comply with ICWA; and (2) the individuals and entities that are entitled to bring such a challenge.  We suggest that you contact the child’s Tribal ICWA Designated Agent, as well as an attorney familiar with ICWA compliance, to discuss your options.

A motion to invalidate a child custody proceeding based on non-compliance with ICWA is governed by the laws of the State with jurisdiction over the proceeding at issue.  The Department does not have the authority to obtain or file these materials on your behalf.  If you need assistance in challenging ICWA we suggest that you contact the clerk of whatever court has handled the child custody proceedings to date and request their assistance in finding the relevant materials and request assistance to obtain legal counsel through a local Legal Aid or similar organization.

Who should I contact if I think ICWA applies to my child’s case?

You may contact the Tribally designated ICWA agent for your child’s Tribe. The most recently published list of Tribally designated agents is available  ICWA Designated Agents Listing .

Additional Information

Related pages.

  • 25 C.F.R PART 23 - INDIAN CHILD WELFARE ACT

U.S. Department of the Interior

indianaffairs.gov

An official website of the U.S. Department of the Interior

Judicial Branch of California

Child custody and visitation, child custody and visitation information, child custody recommending counseling (ccrc): focusing on children’s needs.

When parents separate or divorce, decisions need to be made about where the children will live and how they will be cared for. These are important decisions. Sometimes they are the most difficult. California law states that when parents cannot reach an agreement, they must first meet with a professional before they can go to court. In Sierra County, that professional is a Child Custody Recommending Counselor (CCRC).

Online CCRC Orientation

You are required to attend the online CCRC orientation that will explain terms used in court and CCRC. You may access the online orientation program via the Online Services tab above, or under the Related Links section on the left side of this page. This orientation will explain the process and terms used in child custody recommending counseling and prepare you to make the most of your appointment.

Goals of CCRC

  • To help parents create a parenting plan that is in the best interests of their child(ren).
  • To help parents develop a parenting plan that enables their child(ren) to have contact with both of them, in ways that are appropriate for the safety and wellbeing of the child(ren).
  • Help parents learn ways to manage any anger or resentment between them.
  • When there is no agreement, to make recommendations to the parent(s) and the court that are in the child(ren)’s best interest.

Setting a Date for CCRC Counseling

The date and time for child custody recommending counseling will be set by the court. When your CCRC appointment is scheduled, you will be given a questionnaire requesting information about you, your children, your concerns, your proposals, and other pertinent information. You must fill out this questionnaire and turn it in prior to the CCRC appointment.

If you want to meet separately with the Child Custody Recommending Counselor (Recommending Counselor), you may request this at the Clerk’s Office or from the Recommending Counselor.

What Happens in CCRC

CCRC is problem-solving and fact-finding, not therapy. Your disagreement is seen as a problem to solve, not as a fight. The Child Custody Recommending Counselor lets you make your own decisions if possible. In CCRC, you can come up with your own personal contract on how you will care for your children. The legal term for this personal contract is an agreement or stipulation. It can also be called a “parenting plan” or a “parenting agreement.” The Recommending Counselor will write up your agreement and the judge will sign it at your court date. If you do not agree, the Recommending Counselor will ask questions using a fact-gathering interview style to gain knowledge and information about concerns each parent raises. Your child(ren) may be interviewed later, at the discretion of the Recommending Counselor. The Recommending Counselor will then write a report with recommendations about how you should share your child(ren).

What Does CCRC Counseling Do?

The Recommending Counselor meets with and listens to both parents, asks questions to gain additional information about the family, then works with you to come up with a plan you can both agree is best for your child(ren). The Recommending Counselor’s job is to be impartial, keep things fair, help look at different options, help you come up with a calendar for times with your child(ren), and support you in your efforts. If you do not agree on a plan, the Recommending Counselor will ask questions to make sure all parental concerns are addressed and make recommendations that are in the children’s best interest. Recommendations may include services for the parents and/or children to engage in.

All child custody recommending counselors shall abide by the "Code of Ethics" California Courts.

Complaint Procedures  (California Rules of Court 5.210)

Clients and/or counsel desiring to register a complaint regarding the child custody recommending counseling process or an individual child custody recommending counselor may request a copy of the official complaint form from Family Court Services or by filling out a  Complaint Form .

Complaints are allowed regarding the process, the facilities, or the behavior of the child custody recommending counselor. Complaints cannot be related to the substance or merits of the case. Those issues are reserved for the Judge. Subsequent to filing the complaint form, parties may request a Meet and Confer Session.

We appreciate you taking time to inform us of your complaint regarding the services you received through Family Court Services. We are committed to responding to your concerns in a prompt and thorough manner.

  • Each parent is treated with respect and has an equal chance to explain his or her viewpoint and concerns.
  • Each parent listens to the other and tries to find realistic solutions.
  • Each parent is asked to put the child(ren) first and focus on what the child(ren) needs and can handle.
  • Each parent is asked to show respect for the other and to recognize that their child(ren) has a right to a relationship with each of them.
  • Hitting, pushing, shoving, and threats of any type are not allowed. CCRC is to be a safe place for both parents.
  • The Recommending Counselor’s job is to see that these rules are followed.

Files are kept for two years from your last CCRC session.

Additional Help Topics

Cases involving domestic violence (family code section 3181).

(a) In a proceeding in which child custody recommending counseling is required pursuant to this chapter, where there has been a history of domestic violence between the parties or where a protective order as defined in Section 6218 is in effect, at the request of the party alleging domestic violence in a written declaration under penalty of perjury or protected by the order, the child custody recommending counselor appointed pursuant to this chapter shall meet with the parties separately and at separate times.

(b) California Rule of Court 5.230 establishes a protocol for cases involving domestic violence. A subsection of the Rule states, “In domestic violence cases in which neither party has requested separate sessions at separate times, Family Court Services staff must confer with the parties separately and privately to determine whether joint or separate sessions are appropriate.”

A person, who falls within the provisions of Family Code Section 3181, is entitled to have a support person with them during child custody recommending counseling and orientation. The support person is not present as a legal advisor. The support person is present to assist the [alleged] victim of domestic violence in feeling more confident that he or she will not be emotionally injured or threatened by the other party. The presence of a support person does not waive the confidentiality of the child custody recommending counseling process and is bound by the confidentiality of the child custody recommending counseling proceeding. The support person may be in the session even if the other party is not present.

A child custody recommending counselor may exclude a support person from a session pursuant to Family Code Section 3182 if:

(1) The support person attempts to participate in the session. (2) The support person acts as an advocate for the [alleged] victim in a session. (3) The presence or actions of the support person disrupts the child custody recommending counseling process.

( Family Code Section 3044 ) Presumption that Custody of Child to Parent Who Perpetrated Domestic Violence Against Other Party is Not in the Best Interest of the Child.

(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child’s siblings within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Section 3011. This presumption may only be rebutted by a preponderance of the evidence.

(b) In determining whether the presumption set forth in subdivision (a) has been overcome, the court shall consider all of the following factors.

  • Whether the perpetrator of domestic violence has demonstrated that giving sole or joint physical or legal custody of a child to the perpetrator is in the best interest of the child. In determining the best interest of the child, the preference for frequent and continuing contact with both parents, as set forth in subdivision (b) of Section 3020, or with the noncustodial parent, as set forth in paragraph (1) of subdivision (a) of Section 3040 may not be used to rebut the presumption, in whole or in part.
  • Whether the perpetrator has successfully completed a batterer’s treatment program that meets the criteria outlined in subdivision ( c) of Section 1203.097 of Penal Code.
  • Whether the perpetrator has successfully completed a program of alcohol or drug abuse counseling if the court determines the counseling is appropriate.
  • Whether the perpetrator has successfully completed a parenting class if the court determines the class to be appropriate.
  • Whether the perpetrator is on probation or parole, and whether he or she has complied with the terms and conditions of probation or parole.
  • Whether the perpetrator is restrained by a protective order or restraining order, and whether he or she has complied with its terms and conditions.
  • Whether the perpetrator of domestic violence has committed any further acts of domestic violence.

(c) For purposes of this section, a person has “perpetrated domestic violence” when he or she is found by the court to have intentionally or recklessly caused or attempted to cause bodily injury, or sexual assault, or to have placed a person in reasonable apprehension of imminent serious bodily injury to that person or to another, or to have engaged in any behavior involving, but not limited to, threatening, striking, harassing, destroying personal property or disturbing the peace of another, for which a court may issue an ex parte order pursuant to Section 6320 to protect the other party seeking custody of the child or to protect the child and the child’s siblings.

  • For purposes of this section, the requirement of a finding by the court shall be satisfied by, among other things, and not limited to, evidence that a party seeking custody has been convicted within the previous five years, after a trial or a plea of guilty or no contest, of any crime against the other party that comes within the definition of domestic violence contained in Section 6211 and of abuse contained in Section 6203, including, but not limited to, a crime described in subdivision (e) of Section 243, or Section 262, 262, 273.5, 422 or 646.9 of the Penal Code.
  • The requirement of a finding by the court shall also be satisfied if any court, whether that court hears or has heard the child custody proceeding or not, has made a finding pursuant to subdivision (a) based on conduct occurring within the previous five years.

(e) When a court makes a finding that a party has perpetrated domestic violence, the court may not base its findings solely on conclusions reached by a child custody evaluator or relevant, admissible evidence submitted by the parties. (f) In any custody or restraining order proceeding in which a party has alleged that the other party has perpetrated domestic violence in accordance with the terms of this section, the court shall inform the parties of the existence of this section and shall give them a copy of this section prior to any custody child custody recommending counseling in the case. {Added 1999 ch. 445; Amended 2003 ch. 243.}

Minors in CCRC (Family Code Section 3180)

In a child custody recommending counseling proceeding, the child custody recommending counselor has the duty to assess the needs and interests of the child involved in the controversy, and is entitled to interview the child where the child custody recommending counselor considers the interview appropriate or necessary (pre-school age children, under the age of five, generally will not be interviewed by the child custody recommending counselor) This code section is only activated in court ordered cases.

However,  do not bring children to your child custody recommending counseling appointment .

Children only attend child custody recommending counseling by Court Order or at the request of the child custody recommending counselor. Please be reminded that infants do not sleep during child custody recommending counseling and can create a distraction. The Courthouse does not provide childcare or supervision for children during your child custody recommending counseling appointment and it is not acceptable to leave children unattended in the hallway. It is important for parents to provide childcare during the child custody recommending counseling appointment that allows you to be attentive and to participate in your child custody recommending counseling appointment.

Other Parties in CCRC

Other parties who are significant to the minors may be included in court ordered child custody recommending counseling at the discretion of the child custody recommending counselor. These parties may include, but are not limited to, grandparents, stepparents, adult siblings, teachers, therapists, evaluators, or other significant person in the child’s life. child custody recommending counseling sessions always begin with the petitioner and respondent, unless otherwise directed by the Court

Attorneys in CCRC

Attorneys may participate in the child custody recommending counseling session if both parents agree. Please review your case thoroughly with your attorney prior to the start of child custody recommending counseling and then come to child custody recommending counseling prepared to sign an agreement. Do not agree to anything that, in your opinion, is not in the best interest of your children. Your attorney will have an opportunity to review your agreement prior to the Judge making it an order of the court. You cannot hold up the child custody recommending counseling session while your attorney reviews your agreement expecting the child custody recommending counselor and the other parent to wait. Attorneys are advised not to instruct their clients not to sign an agreement until they have reviewed it. Their review takes place prior to the Judge signing the agreement.

At the request of counsel, an "Attorney Conference" may be held prior to or at the conclusion of child custody recommending counseling to review the recommendation. If only one side has an attorney, the self-represented person is included in the conference. An attorney may mediate for their client if the client is physically unable to attend. This requires the consent of the other parent, who is entitled to have his or her own attorney present

Telephonic Appearances in CCRC

In some Court-ordered cases, child custody recommending counseling's may be conducted with one party in the office and the other party on the telephone. This may be done when, because of geographical distance, one party claims hardship and cannot reasonably appear. If you would like to learn more about appearing telephonically, you may request this at the Clerk’s Office or from the Recommending Counselor.

CCRC Agreements

When parties reach a mediated agreement in cases referred directly out of Court the parties and/or their attorneys will be given a copy of the agreement prior to submitting the agreement to the Family Court Judge. When the Judge signs the mediated agreement it is file stamped by the Clerk and each party and their attorney is provided a copy of the mediated agreement/court order. Please wait in the hallway after the hearing for your copy of the mediated agreement/court order, if you fail to wait for your copy, you will not receive a courtesy copy.

In child custody recommending counseling cases that are not returning to Court the same day, attorneys will be faxed a copy of the agreement prior to the Judge signing the agreement, if requested.

Enforcement of a CCRC Agreement

The child custody recommending counselor is not responsible for the enforcement of mediated agreements. Agreements become Court Orders. Child custody recommending counselors do not give legal advice. Contact an attorney or the court clerk on enforcement procedure.

Mandatory CCRC

Cases referred directly out of Court or Court-ordered are called mandatory child custody recommending counseling's. If an agreement is not reached in mandatory child custody recommending counseling the Court expects the child custody recommending counselor to make a recommendation.

Recommendations (Family Code Section 3183)

When the parties are unable to reach an agreement in mandatory child custody recommending counseling the child custody recommending counselor shall prepare a written recommendation under the heading Recommendations for Temporary Parenting Plan. The Recommendations for Temporary Parenting Plan will be placed in a confidential section of the Court file for review by the bench. Copies of the Recommendations for Temporary Parenting Plan will be available to the parties and attorneys. The Judge may or may not act on the Recommendations for Temporary Parenting Plan. Only the decisions made by the Judge become part of the Court Order.

The primary purpose of recommending child custody recommending counseling is to help the parties resolve their issues. The emphasis is on  child custody recommending counseling with recommendations.  During child custody recommending counseling, the child custody recommending counselor will focus on facilitating positive interaction and communication between the parties.

For example, during child custody recommending counseling, if the parties appear to be at an impasse, the child custody recommending counselor might choose to first offer suggestions to the parties to see if this can assist their decision-making. The child custody recommending counselor's contribution to the process will correspond to the parties' needs, requests, circumstances, and stage of child custody recommending counseling.

Evaluation Referrals

In order for parents and the court to gain clarity on the needs and best interest of the children, parents can agree to, child custody recommending counselors can recommend or the court can order one or more of the following:

  • Partial Child Custody Evaluation
  • Full Child Custody Evaluation (includes psychological testing)
  • Substance Abuse Assessment
  • Anger Management Assessment
  • Mental Health Status Check

Disqualification of a Child Custody Recommending Counselor

The child custody recommending counselor may be disqualified by virtue of a pre-existing personal relationship or a pre-existing professional relationship outside of Family Court. Previous contact through child custody recommending counseling is not grounds for disqualification.

In any case, either the parties or the child custody recommending counselor should air the potential for bias or the appearance of bias, at the start of the child custody recommending counseling session. If the child custody recommending counselor identifies a conflict of interest, he or she will recuse himself or herself from the case.

Complaint Procedures (California Rules of Court 5.210)

Clients and/or counsel desiring to register a complaint regarding the child custody recommending counseling process or an individual child custody recommending counselor, may request a copy of the official complaint form from Family Court Services or you may click on the link below for the form. Complaints are allowed regarding the process, the facilities, or the behavior of the child custody recommending counselor. Complaints cannot be related to the substance or merits of the case. Those issues are reserved for the Judge. Subsequent to filing the complaint form, parties may request a Meet and Confer Session.

Complaint Form

Limitations on Confidentiality

Please be advised that there are certain limitations on confidentiality regarding the child custody recommending counseling process. Family Code Section 3177 provides that child custody recommending counseling "shall be held in private and shall be confidential." This provision of the law can be modified by Local Rules of Court to allow the Family Court Child Custody Recommending Counselor to make recommendations to the Court pursuant to Family Code Section 3183. This section provides that, "the child custody recommending counselor may, consistent with local Court rules, submit a recommendation to the Court as to the custody of, or visitation with the child."

Nevada County Superior Court Rule 5.05(F)(4) states, "In the absence of an agreement, the child custody recommending counselor shall make a written recommendation at the request of the parties or the Court, and may make a written recommendation without such a request provided, however, if no proceedings are pending, no recommendation will be made."

If appropriate, the child custody recommending counselor's recommendation may include a recommendation for a custody investigation.

Also, be advised that all of the Nevada County Court child custody recommending counselors are licensed mental health professionals and, as such, are mandated reporters of alleged child abuse. Alleged child abuse reports are made to Child Protective Services. There is also a duty to warn if a threat is made (during child custody recommending counseling) against a specific person. The duty to warn includes contacting the person against whom a threat has been made and the appropriate law enforcement agency.

Drug Testing (Family Code Section 3041.5)

Family Code Section 3041.5 states, in essence, that the Court may order drug testing in a custody/visitation case if there is an allegation that one or both parents put the child (ren) at a health or safety risk due to “…habitual, frequent, or continuous illegal use of controlled substances or the habitual or continuous use of alcohol…”

Communication with the CCRC Counselor

Within the California Rules of Court, there is a prohibition against ex parte communication. Specifically, "A party or an attorney for a party shall not initiate contact with a court-appointed child custody recommending counselor, orally or in writing, to discuss the merits of a case without notice to the other party. The child custody recommending counselor may determine the nature and extent of the contact he or she will make with any party."

With the above in mind, please do not write or contact us by phone. This includes your family and other support systems. Your letters will be returned by mail or at your next appointment. We will respond to specific questions regarding your parenting plan. Please include self-addressed stamped envelopes for you and the other parent. The other parent will receive a copy of your question and our response.

Also, please be advised that it is the policy of Family Court Services (FCS) that child custody recommending counselors not accept child custody recommending counseling clients or their children into their private practice. All of the child custody recommending counselors are licensed mental health professionals. Most of the child custody recommending counselors also have a private therapy practice. Please do not ask the child custody recommending counselor to become your private therapist. There are ethical considerations involved as well as the potential appearance to the public that child custody recommending counselors are filling their private practice from a position of being paid as child custody recommending counselors from public funds

Continuing Education Requirements

All CCRC counselors shall meet all statewide continuing education requirements for child custody recommending counselors and child custody evaluators. All FCS child custody recommending counselors are licensed mental health professionals and shall meet all continuing education required by their licensing board.

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What to know about Robert Hur and his DOJ investigation into President Joe Biden

U.S. Attorney General Merrick Garland told lawmakers Wednesday that a report from Justice Department special counsel investigating President Joe Biden's handling of classified documents will be made public soon, the Associated Press reported.

Formerly Maryland’s top prosecutor, Robert Kyoung Hur has led the probe since early last year when Attorney General Merrick Garland called him out of retirement to appoint him as special counsel.

While announcing the appointment, Garland expressed confidence in Hur's ability to lead the investigation in an "even-handed and urgent manner."

"This appointment underscores for the public the  department's commitment to both independence  and accountability in particularly sensitive matters, and to making decisions indisputably guided only by the facts and the law," Garland said last January.

After his appointment, Hur said in a statement that he would "conduct the assigned investigation with fair, impartial, and dispassionate judgment," according to The Associated Press . "I intend to follow the facts swiftly and thoroughly, without fear or favor, and will honor the trust placed in me to perform this service.”

Prep for the polls: See who is running for president and compare where they stand on key issues in our Voter Guide

Hur interviewed President Biden in October

As part of the inquiry, Hur met with the president in a two-day voluntary interview at the White House in October.

"As we have said from the beginning, the president and the White House are cooperating with this investigation," White House spokesperson Iam Sams said in a statement at the time. "As it has been appropriate, we have provided relevant updates publicly, being as transparent as we can consistent with protecting and preserving the integrity of the investigation."

Hur's investigation has run parallel to special counsel Jack Smith's inquiry into former President Donald Trump, his alleged efforts to subvert the 2020 election and the transfer of highly classified government documents to his Florida estate at the end of his term.

The a key contrast between the two inquiries is that Biden alerted authorities about the classified records, while the majority of Trump’s were seized under subpoena and during an FBI search of his Mar-a-Lago estate.

What is Robert Hur's experience?

Before his short-lived retirement, Hur headed the District of Maryland, one of the largest and busiest U.S. Attorney’s offices, from 2018 to 2021.

In that role he oversaw the successful prosecutions of white supremacists, COVID-19 fund fraudsters, Asian hate crime perpetrators and drug cartel kingpins. His office also worked on the long-running investigation and prosecution of former  National Security Agency contractor Harold Martin , who was accused of taking a “breathtaking” amount of classified material and storing it in his Glen Burnie, Maryland, home.

For his work as a U.S. Attorney, Hur received the Attorney General's Distinguished Service Award for superior performance and excellence as a lawyer.

Before he became Maryland's top prosecutor, Hur was the principal associate deputy attorney general at the U.S Justice Department headquarters in Washington, D.C. from 2017 to 2018. In the position, Hur was a member of the department's senior leadership team and the principal counselor to Deputy Attorney General Rod Rosenstein, assisting him with oversight of all components of the department, according to the department.

Hur earned his law degree from Stanford University, where he was executive editor of the Stanford Law Review. He then worked as a law clerk for then-Supreme Court Chief Justice William Rehnquist after graduating.

Hur led work group on anti-Asian American violence

In March 2021, Maryland Gov. Larry Hogan tapped Hur – who is Asian American – to lead a state work group on anti-Asian American violence. The panel was tasked with meeting with affected groups, analyzing crimes against Asian Americans and making recommendations to improve policing efforts and the prosecution of related hate crimes.

Sens. Ben Cardin and Chris Van Hollen, both Maryland Democrats, praised Hur’s work to establish the Baltimore Organized Crime Drug Enforcement Task Force, which created a permanent federal, state and local law enforcement partnership to combat violent crime in Baltimore.

'Some jobs that are unpleasant but need to be done'

Rosenstein, who was deputy attorney general during the Trump administration, brought Hur to serve as his top assistant and help supervise the work of then-special counsel Robert Mueller, who led the contentious investigation into Russia’s interference in the 2016 election.

The inquiry shadowed much of Trump’s presidency and would later catalog the then-president’s attempts to obstruct the investigation, though he was not charged.

Rosenstein represents a link to much of Hur’s time at the Justice Department: he hired him as a line prosecutor in Maryland in 2007, brought him to Washington in 2017 and later recommended him for the job as Maryland’s chief prosecutor, the same job Rosenstein held before his work as deputy attorney general.

"He understands that there are some jobs that are unpleasant but need to be done and done right," Rosenstein has said.

Woman carries severed child’s head into Moscow metro station

by: CNN Wire

Posted: Feb 29, 2016 / 11:43 AM EST

Updated: Feb 29, 2016 / 11:44 AM EST

MOSCOW, Russia — A woman who carried the severed head of a child into a Moscow metro station Monday has been arrested, the city’s prosecutor’s office said.

Moscow police said they believe the woman murdered the child, whom she was babysitting. The child was believed to have been 3 or 4 years old.

An amateur video shows the woman walking outside the metro station saying, “I am a terrorist. I hate you — the enemy.”

Police are not yet calling the case terror-related.

Authorities did not identify the woman but said she was born in 1977 and is from central Asia. They are treating the case as a murder investigation.

Warning: The footage below may be disturbing to some viewers.

[protected-iframe id=”9f53a82a83d4d5c12430187301f915d5-28572344-44461637″ info=”http://lentaru.media.eagleplatform.com/index/player?player=new&player_template_id=9113&record_id=408303″ width=”640″ height=”360″ frameborder=”0″ allowfullscreen=””]

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Woman carries severed child’s head into Moscow metro station

by: CNN Wire

Posted: Feb 29, 2016 / 04:41 PM CST

Updated: Feb 29, 2016 / 04:41 PM CST

SOURCE: CNN Wire

Moscow, Russia — A woman who carried the severed head of a child into a Moscow metro station Monday has been arrested, the city’s prosecutor’s office said.

Moscow police said they believe the woman murdered the child, whom she was baby-sitting. The child was believed to have been 3 or 4 years old.

An amateur video shows the woman walking outside the metro station saying, “I am a terrorist. I hate you — the enemy.”

Police are not yet calling the case terror-related.

Authorities did not identify the woman but said she was born in 1977 and is from central Asia. They are treating the case as a murder investigation.

Warning: The video below is graphic and may be disturbing to some viewers.

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Government panel proposes allowing joint child custody

Under a proposed joint custody system, if parents cannot reach an agreement, a family court would make a decision based on the interests of the child and family relations.

A government panel submitted a report on revising the Civil Code to Justice Minister Ryuji Koizumi on Thursday, proposing that divorced parents be allowed to share custody of their children.

Currently, only one of the divorced parents is granted parental custody in Japan. But the report calls for parents to be able to choose joint custody through negotiations.

Under the proposed joint custody system, if parents cannot reach an agreement, a family court would make a decision based on the interests of the child and family relations. If there is a risk of domestic violence or abuse, a family court will choose sole custody.

On Thursday, the council also submitted proposals for revising the criminal procedure law to promote the use of information technology in investigations and criminal trials, such as the introduction of electronic arrest and search warrants, which would be requested and issued online, and the digitization of interrogation and trial records, which are currently in paper form.

The envisaged revision is aimed at reducing burdens on related workers and speeding up criminal procedures.

The council also sought a revision to the building unit ownership law to ease the requirements for the replacement of aging condominiums.

The current law requires the consent of four-fifths or more of owners to replace condominiums. Under the revised law, the requirement would be lowered to three-fourths or more if certain conditions, such as inadequate earthquake and fire resistance levels, are met.

The government hopes to promote the replacement of buildings at a time when the number of old condominiums is increasing and their owners are aging.

Under a proposed joint custody system, if parents cannot reach an agreement, a family court would make a decision based on the interests of the child and family relations. | Bloomberg

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This is a mass-produced replica of a famous miracle-working icon of the Virgin and Child, brought to Russia from Byzatium in the 12th century, known as the "Virgin of Vladimir", and currently kept in Moscow (State Tretyakov Gallery). The Virgin and Child are each identified by abbreviated inscriptions.

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IMAGES

  1. Child Custody Counsel

    appointed counsel in child custody

  2. Effective Custody Counsel

    appointed counsel in child custody

  3. What is a Minor's Counsel

    appointed counsel in child custody

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VIDEO

  1. Custody is based on best interests of the child #childcustody #cps #familycourt #fathersrights

  2. Executive Director of the Tree House Child and Family Center, Nichole "Koko" Cooper

  3. Child Custody Agreement: Resolving Legal Issues and Shared Responsibilities

  4. Appointed Counsel Vol. 1

  5. D.J.S., a Father vs D.L.P., a Mother, August 11, 2022

  6. Can child support payments be deducted from VA disability benefit? #shorts

COMMENTS

  1. Minor's Counsel: When Does Your Child Need Their Own Lawyer?

    California law allows for "minor's counsel" to be appointed in any case involving child custody or visitation. This includes divorce. A child doesn't necessarily need their own lawyer in every custody case. ... Once appointed, a minor's counsel is a fact finder working on behalf of your child, independent of either parent's ...

  2. Role of a Minor's Counsel: The Attorney For Your Child

    Pursuant to California Family Code Section 3150 (a), if the court determines it would be in the best interest of the child(ren), the court may appoint private counsel to represent the child(ren) in a custody or visitation proceeding, and provide the court and counsel comply with California Rule of Court 5.242.

  3. Rule 5.240

    By January 1, 2010, each court must develop local court rules in accordance with rule 10.613 that provide for acceptance and response to complaints about the performance of the court-appointed counsel for a child. (f) Termination of appointment . On entering an appearance on behalf of a child, counsel must continue to represent that child until:

  4. The Role of Minor's Counsel in Family Court Proceedings

    Minor's counsel is appointed if the court determines that it would be in the best interest of the child. This attorney does not represent the interests of either parent; rather he/she represents the interests of the child in a custody or visitation proceeding. Once appearing on behalf of the child, minor's counsel will continue to represent ...

  5. California Rules of Court: Title Five Rules

    This rule governs counsel appointed to represent the best interest of the child in a custody or visitation proceeding under Family Code section 3150. (b) General appointment requirements To be eligible for appointment as counsel for a child, counsel must: (1) Be an active member in good standing of the State Bar of California;

  6. PDF State Statutes Providing for a Right to Counsel in Civil Cases

    ANN. § 9:345 (guaranteeing right to counsel for child in child custody or visitation proceeding if any party presents a prima facie case that the child has been sexually, physically, or emotionally abused); MASS. GEN. LAWS ANN. ch. 209C, § 7 (West) (requiring appointment of counsel for either party in contested custody or visitation proceed-

  7. FAQs About Minor's Counsel

    In California, minor's counsel plays a significant role in representing a child and uncovering the best outcome for their physical and emotional well-being during a highly contested child custody case. If you have further questions about minor's counsel, contact our skilled lawyers online or call us today at (626) 340-0955. Prev Post. Next Post.

  8. Child Custody Counsel

    A Child's Advocate Attorney, formerly called a "child's attorney," is a lawyer appointed by the court to provide independent legal counsel for a child. A Child's Advocate Attorney owes the child the same duties of undivided loyalty, confidentiality, and competent representation as are due an adult client. This type of attorney is appointed when ...

  9. What is "Minor's Counsel?"

    In most California child custody cases, minors are rarely allowed to testify in court or speak to the judge directly. Because of this fact, the court will appoint minor's counsel to interview the child about their concerns and their custodial preference.. Minor's counsel is a neutral voice for the child, without compromising the child's rights, emotional well-being, or forcing the child ...

  10. PDF 1. Are there ways for children to participate in family law cases

    a court-appointed child custody evaluator or minor's counsel. Rule 5.250 ... No - there is no requirement that minor's counsel be appointed. However, in some cases, having an attorney for the child may be helpful in talking with the child about how he or she

  11. Minor's Counsel and Family Code Section 3150

    The new authority governed by California Family Code Section 3150 states the following: (a) If the court finds that if it is in the best interest of the minor child, they will appoint a private counsel to represent the child's interests, provided that counsel and the court comply with the requirements indicated in Rules 5.240, 5.241, and 5. ...

  12. California Rules of Court: Title Five Rules

    The court must issue written orders when appointing and terminating counsel for a child. (1) The appointment orders must specify the: (A) Appointed counsel's name, address, and telephone number; (B) Name of the child for whom counsel is appointed; and. (C) Child's date of birth. (2) The appointment orders may include the: (A) Child's address ...

  13. I Want to Learn About My ICWA Legal Options

    Rights to an attorney or appointed counsel and, if the court determines you cannot afford counsel, you have the right to court-appointed counsel. Right to request that the child-custody proceeding be transferred to Tribal court, Right to object to a transfer to Tribal court, Right to request additional time to prepare for the child custody ...

  14. Child Custody and Visitation

    The Child Custody Recommending Counselor lets you make your own decisions if possible. In CCRC, you can come up with your own personal contract on how you will care for your children. The legal term for this personal contract is an agreement or stipulation. It can also be called a "parenting plan" or a "parenting agreement.".

  15. Appointed Counsel

    In these counties, the court will appoint counsel, a lawyer who has applied to the court to accept cases where the person who is charged is unable to pay for his or her own lawyer. Appointed counsel are private lawyers designated by the courts to handle particular cases. Each court maintains a list of lawyers it appoints to cases. Lawyers are ...

  16. PDF In the Matter of the Welfare of the Child of: M. A. B., Legal Custodian

    permanent legal and physical custody of her grandchild from her to the child's aunt. ... and is eligible for court-appointed counsel, the court must appoint counsel to represent the ... fairly considered by the [district] court")In re Welfare of Child of J.R.R.; , 943 N.W.2d 661, 669-70 (Minn. App. 2020(citing this aspect of ) ...

  17. 25 CFR 23.13 -- Payment for appointed counsel in involuntary Indian

    (a) When a state court appoints counsel for an indigent Indian party in an involuntary Indian child custody proceeding for which the appointment of counsel is not authorized under state law, the court shall send written notice of the appointment to the BIA Regional Director designated for that state in § 23.11. The notice shall include the ...

  18. California Rules of Court: Title Five Rules

    In child custody proceedings, Family Code section 216 recognizes specific circumstances in which ex parte communication is permitted between court-connected or court-appointed child custody mediators or evaluators and the attorney for any party, the court-appointed counsel for a child, or the court.

  19. Who is Robert Hur, the attorney investigating President Joe Biden?

    1:00. U.S. Attorney General Merrick Garland told lawmakers Wednesday that a report from Justice Department special counsel investigating President Joe Biden's handling of classified documents will ...

  20. Child Protection (Offenders Registration) Act 2000 No 42

    Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that ... Child Protection (Offenders Registration) Act 2000 No 42 [NSW] Current version for 27 March 2021 to date (accessed 16 February 2024 at 10:32) Page 2 of 72 ... This Act commences on a day or days to be appointed by ...

  21. Woman carries severed child's head into Moscow metro station

    The child was believed to have been 3 or 4 years old. An amateur […] MOSCOW, Russia — A woman who carried the severed head of a child into a Moscow metro station Monday has been arrested, the ...

  22. Woman carries severed child's head into Moscow metro station

    A woman who carried the severed head of a child into a Moscow metro station Monday has been arrested, the city's prosecutor's office said.

  23. PDF FL-323 ORDER APPOINTING COUNSEL FOR A CHILD

    FL-323. 1. The proceeding was heard: On (date): at (time): Judge (name): 2. THE COURT FINDS it is in the best interest of the child to appoint counsel to represent the child under Family Code section 3150(a). 3. CHILD OR CHILDREN FOR WHOM COUNSEL IS APPOINTED. 4. REASON FOR APPOINTMENT (specify):

  24. Government panel proposes allowing joint child custody

    JIJI. Feb 15, 2024. A government panel submitted a report on revising the Civil Code to Justice Minister Ryuji Koizumi on Thursday, proposing that divorced parents be allowed to share custody of ...

  25. Woman waves around child's head at Moscow metro station

    MOSCOW, Russia — A woman who carried the severed head of a child into a Moscow metro station Monday has been arrested, the city's prosecutor's office said. Moscow police said they believe ...

  26. Virgin and Child ("Virgin of Vladimir")

    This is a mass-produced replica of a famous miracle-working icon of the Virgin and Child, brought to Russia from Byzatium in the 12th century, known as the "Virgin of Vladimir", and currently kept in Moscow (State Tretyakov Gallery). ... (from the French provenir, 'to come from/forth') is the chronology of the ownership, custody, or location of ...