As of December 2007, the Chief Judge Judith Kaye promulgated a new rule with regards to the ethical standards of law guardians in New York. Law guardian are now referred to as the “attorney for the child”.  Under the new rule, section 7.2 of the Rules of the Chile Judge, the attorney for the child must “zealously advocate the child’s position”.  This means that the attorney for the child must consult with the child and advise the child, gaining a full understanding of the child’s circumstances.  If the child is capable of “knowing, voluntary and considered judgment”, the attorney must follow the wishes of the child, even if the attorney believes those wishes are not in the child’s best interests.  If the child is incapable of such judgment, or the child’s wishes would create a imminent risk of serious harm or injury, the attorney is justified in advocating a position contrary to the child’s wishes.  This in essence means that a “law guardian” in parental alienation cases does not have to consider what is in the best interest of the child/client.  Since that is the case if a child tells his attorney that he does not wish to see is alienated parent, unless the attorney is convinced that the child is unable to make sound judgments or is in imminent risk of serious harm by his/her not seeing the alienated parent, the attorney must advocate that child’s position in court.

SEE FEBRUARY 10, 2008 BLOG ENTRY:  PARENTAL ALIENATION: A LAW GUARDIAN’S PERSPECTIVE