Lawyers Manual - Unified Court System

70 Kim Susser
law guardian is unqualified pursuant to the standards imposed by law, the
judiciary, or court administrators.
Many law guardians request an interview with each parent as part of their
investigation. Like any other lawyer wishing to speak with a party who is
represented by counsel, the law guardian must first have the consent of that
party’s attorney. Together with your client, you will need to decide whether to
agree to this interview and whether you need to be present. Your decision will
depend heavily on your client’s ability to tell her story coherently and the extent
to which you believe the law guardian understands the dynamics of domestic
violence. As explained above, many law guardians ignore allegations of domestic
violence or view them as suspect while prioritizing the child’s relationship with
the non-custodial parent even when that parent is an abuser. When deciding
whether to permit the law guardian to interview your client, balance the danger
of appearing to be hiding something against the likelihood of your client
enlightening the law guardian about her history with her abuser and their child.
Generally, it is best to permit your client to meet with the law guardian. If you
are concerned that she will not be a good advocate for herself or that the law
guardian does not understand domestic violence, attend the interview.
Either way, you must prepare your client for her interview with the law
guardian. Domestic violence victims often assume mistakenly that just because
the law guardian represents the child, he or she will support the victim’s position.
What the law guardian views as the child’s best interest, however, may differ
from what the victim perceives as the child’s best interest. Your client must
understand that the purpose of the interview is to help the law guardian decide
what position to take and that any information shared with the law guardian can
be reported to the judge. Tell her that it is probably best that she not volunteer
any negative information, but that she must tell the truth when questioned.
Together with your client, decide which facts the law guardian should know.
Go through her history with her so she can tell her story coherently, highlighting
the most significant aspects, such as the impact the violence had on the children.
Help her understand that her answers should be child-centered rather than selfcentered.
Tell her to bring police or hospital records with her to corroborate the
violence, but remind her that the most important information is her own account
of it. Warn her that overemphasizing the domestic violence can backfire by
making it appear that she is obsessed with the negative aspects of her relationship
with the other parent or hostile to him. Work with your client on her affect and
demeanor so that she can describe the domestic violence she endured without
appearing to be overly emotional, angry, or exaggerating. It is important that she