The Role and Value of the Minor’s Counsel in Family Law September 12, 2024

In 2007, I started working as a family law attorney for the first time. It wasn’t long before I noted that it was not the parents but the children in the middle of many family law cases who were the most victimized as litigation persisted. In some cases, the child wanted their own voice heard, but that was not always so. In other instances, parents were actively brainwashing the child. It wasn’t rare to find situations of emotional or physical abuse. 

Unfortunately, in many situations, their only chance of becoming healthy adults is for someone beyond their family system to advocate for them. As a result, I decided to pivot from representing parents to representing children to encourage healing for the children unlucky enough to find themselves in these situations.

The 2024 California Rules of Court state that a minor’s counsel represents “the child's best interest. The role of the child's counsel is to gather evidence that bears on the child's best interest and present that admissible evidence to the court in any manner appropriate for the counsel of a party. If the child so desires, the child's counsel must present the child's wishes to the court.” 

Once I decided to serve as a minor's counsel, I could do more to help the children caught in the middle of family law matters. Even though I am paid 25% of my normal rate for most cases, and often one or both parents do not like what I say, I find it truly meaningful because of my positive impact on children’s lives. 

A Minor Counsel’s responsibilities under Family Code section 3151 include interviewing the child, reviewing court files and relevant records available to both parties and making any further investigations necessary to establish relevant facts to custody and visitation issues. In many custody cases, the minor’s counsel is the only person centering and supporting the child.  The following are three critical points about the role of a minor’s counsel:

● Minor's Counsel is Focused on the Child: Many misunderstand the minor's counsel advocacy and assume it means one parent’s position is advanced at the expense of the other. The truth is, minor's counsel only serves the best interests of the child, with no parental bias whatsoever. We are neutral in our presentation of the child’s rights and well-being and we create an environment that is conducive to the child’s safety and unfettered opportunity to share their thoughts. We do not put pressure on children to take one side or the other, but come to understand their preferences and concerns. While our advocacy may at times echo what one of the parents is requesting, it is solely because we believe that position is appropriate and is not in any way designed to align with one parent’s requests. 

● Minor's Counsel's Role is Comprehensive: While the minor's counsel does provide point-in-time legal representation, the role extends well beyond legal advocacy in the courtroom. We are responsible for investigating the child's situation, which includes consulting with relevant parties such as doctors and teachers and gathering information about the child's environment and well-being. This comprehensive approach ensures the court fully understands the child's needs. 

● Minor's Counsel Prioritizes Safety: Everyone knows these cases can cause hurtful situations. Some believe that the minor's counsel can testify in court, which risks revealing the child's statements or preferences. In fact, the minor's counsel does not testify except on rare occasions; instead, they advocate to the court on behalf of the child based on their interviews and investigations. This distinction is crucial as it maintains the confidentiality and safety of the child's input.

My work takes a holistic approach, and my advocacy is rooted in evidence, clinician input, my expertise in this arena, and intuition. A child's desires must be respected while balancing whether or not they are mature and emotionally well enough for their preference also to be what is most advantageous for them and their situation. 

Kids want to be loved and taken care of and, understandably, are often unable to process the shifting dynamic they find themselves in fully. Too many times, I have seen children coached to say they want to live with one parent while that same parent is mentally manipulating and abusing them. It is a fine balance and each case has its own set of nuances that must be taken into account, but it is my job to get to the root of the matter on behalf of the children who find themselves inside deeply challenging custody battles. My mission is to give a chance to those without a voice in this system. I consider being a minor’s counsel the most critical work I’ve ever done. 

Emily Faye Robinson, Esq. practices in Los Angeles and Ventura Counties. She focuses on family law and mediation. 

Emily graduated from UC Hastings College of the Law and is a certified mediator. Before that, Emily attended UC Santa Barbara where she graduated with a B.A. in Psychology and a B.A. in Communication. 

She is appointed by the Los Angeles Superior Court to represent children in contested custody cases as minor’s counsel.

https://www.dailyjournal.com/articles/380909-understanding-the-role-of-minor-s-counsel-in-family-law-cases