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Wrong Way Forward: New York’s State Approach Toward Representing Children and its Application in Domestic Violence Cases  

Author:  Rehman  Ahzar, M.A., L.L.M..

Source: Volume 06, Number 02, Fall 2013 , pp.51-70(20)

Family & Intimate Partner Violence Quarterly

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Arguments among academics and court practitioners about the responsibilities, ethics, and duties of representing children in court proceedings revolve around the following question: “What, exactly, is the role of an attorney representing minor children in family court cases?” New York State has recently taken a clear position on this, issuing new rules including the mandated use of a model referred to as “attorney-client.” This model, however, has troubling drawbacks and risks when applied to cases involving domestic violence. The author explores the alternative models of child representation and outlines their respective strengths and drawbacks, emphasizing the need for special caution when partner or child abuse is involved.

Keywords: New York Family Courts; N.Y. Family Court Act (FCA)

Affiliations:  1: The Centre for International Media Ethics (CIME).

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