What is a Law Guardian?

A Law Guardian refers to an attorney admitted to practice law in the State of New York designated to represent minors pursuant to Section 241 of the Family Court Act.

Section 241 declares that minors who are the subject of Family Court proceedings or appeals in Proceedings originating in the Family Court should be represented by Counsel of their own choosing or by Law Guardians. This declaration is based on a finding that counsel is often indispensable [sic] to a practical realization of due process of law and may be helpful in making reasoned determinations of fact and proper orders of disposition.

The Family Court Act establishes a system of Law Guardians for minors who often require the assistance of counsel to help protect their interests and to help them express their wishes to the Court.

What is the Law Guardian Program?

The purpose of the Law Guardian Program is to provide high quality legal services for children. To accomplish this objective Law Guardians are compensated for their work and reimbursed  for reasonable expenses associated with the representation of their clients, such as fees for mental health and child welfare experts, investigators and process servers. In addition, the Law Guardian Program provides a variety of support services for Law Guardians, including introductory and continuing legal education, litigation support and reference materials on a variety of childrens' law topics. The Law Guardian programs of the four Appellate Divisions also collaborate to produce the Law Guardian Reporter, a quarterly newsletter with helpful articles and digests of recent case law and legislative developments.