Minor’s Counsel in Orange County Child Custody Cases

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 LLP, 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.

Independent Legal Representation for a Child

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.

What Minor’s Counsel Does

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:

• Meeting with the child in an age-appropriate setting
• Reviewing custody and parenting-time orders
• Examining relevant school, medical, and mental health records
• Speaking with parents and their attorneys
• Interviewing teachers, caregivers, healthcare providers, and other people who know the child
• Reviewing police reports or restraining orders
• Investigating disputed claims about safety, care, or parenting
• Participating in settlement discussions
• Filing requests concerning the child
• Presenting admissible evidence
• Examining and cross-examining witnesses
• Appearing at hearings and trial
• Advocating for custody or parenting terms that serve the child’s interests

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.