When a child is caught in a serious custody dispute, the court may appoint a separate attorney to represent the child’s interests. That attorney is known as minor’s counsel.
Kelly R. Irwin, a founding attorney of Irwin & Irwin, is listed by the Orange County Superior Court as qualified counsel for minors. The court states that attorneys on its list have satisfied the required education, experience, and training standards and submitted a declaration regarding their qualifications. The court also states that inclusion on the list is not an endorsement.
When Kelly is appointed as minor’s counsel, the child is her client. She does not represent either parent. Her responsibility is to understand the child’s circumstances, gather relevant information, participate in the custody proceedings, and advocate for the child’s best interests.
Parents in a custody dispute may have different views about what happened, what the child needs, and what parenting arrangement would be best. Each parent may present evidence and advocate for a preferred outcome. Minor’s counsel gives the child independent legal representation within that process.
Minor’s counsel is not an attorney for either parent or for the family as a whole. The attorney also serves a different role from a mediator, therapist, social worker, or custody evaluator.
The child’s attorney participates in the family law case much like an attorney representing another party. Counsel may investigate facts, present evidence, question witnesses, make legal arguments, and ask the court to enter orders affecting the child.
The judge remains responsible for deciding custody and parenting time. Minor’s counsel helps the court consider evidence focused on the child’s safety, care, relationships, stability, and needs.
A child may also have views about where to live or how parenting time should be arranged. Minor’s counsel must give the child an opportunity to express those wishes without forcing the child to choose between parents. When the child wants a preference presented, counsel must communicate it to the court. The child’s wishes are part of the court’s review, but they do not automatically decide the outcome.
The work depends on the issues in the case and the terms of the court’s appointment order.
Minor’s counsel may meet with the child, review the family court file, examine existing custody orders, and investigate facts related to the child’s best interests. The attorney may also review accessible records and speak with people who have direct information about the child.
Depending on the case, the work may include:
California Rule of Court 5.242 describes the role as gathering evidence bearing on the child’s best interests and presenting admissible evidence to the court through the procedures available to an attorney representing a party. The rule also makes clear that minor’s counsel is not required to perform the work of a mediator, custody evaluator, probation officer, or social worker.
The attorney’s work is not limited to repeating what the child says. A child’s statements must be considered alongside the child’s age, maturity, safety, relationships, and the other evidence available.
Minor’s counsel may also take a position that differs from either parent’s request. Neither parent controls the investigation, the evidence presented, or the orders counsel may ask the court to consider.
Minor’s counsel is not appointed in every contested custody case. The court may appoint an attorney when the child’s best interests appear to require independent representation.
California court rules identify circumstances that may support an appointment, including:
The court may also consider minor’s counsel in move-away cases, matters involving supervised visitation, or cases in which the child’s circumstances are not being adequately presented by either parent.
An appointment does not establish that a parent has harmed the child or that the court has accepted one side’s allegations. It means the judge has determined that the child may benefit from having an independent attorney involved in the case.
The court may make an appointment on its own motion or after receiving a request from a parent, a parent’s attorney, the child, a relative, or another person permitted under California law. The judge decides whether representation is appropriate and which qualified attorney will serve.
Once appointed, minor’s counsel remains responsible to the child. The attorney does not become aligned with the parent who raised the issue or asked the court to consider an appointment.
Some appointments involve allegations of domestic violence, abuse, substance use, unsafe parenting, or interference with a parent-child relationship.
These cases may require review of police reports, restraining orders, medical information, school records, treatment records, supervised-visitation reports, and witness accounts. The attorney must take safety concerns seriously while also examining whether the available evidence supports the claims being made.
Founding attorney Mark Irwin’s background as a former police officer gives Irwin & Irwin added insight into matters involving law enforcement contact, police records, restraining orders, and competing accounts of safety-related events.
Kelly’s duties remain independent. When appointed, her work is guided by the child’s interests and the evidence developed during the representation.
Kelly R. Irwin is listed by the Orange County Superior Court as qualified counsel for minors. When appointed, she provides independent legal representation focused on the child’s interests throughout the custody proceeding.
Irwin & Irwin practices exclusively family law and serves families throughout Orange County from our office in Fullerton.
Contact Irwin & Irwin to discuss minor’s counsel or Kelly Irwin’s availability for a possible court appointment.
