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Can Our 17 Year Old Daughter Insist That Her Older Sister Stay In The Room With Her When She Meets With The Law Guardian?

| Jan 8, 2016 | Uncategorized

Q: Our 17 year old (this month) younger daughter has a temporary order of protection from my ex. She’s been appointed a law guardian that she doesn’t trust, because he’s friends with my ex. In a previous proceeding, I requested a new law guardian for her, but he has political connections and he stayed in place. We just had the preliminary hearing in family court and the full hearing is coming up soon. The law guardian now wants to meet with our 17 year old, and she wants her 23 year old sister with her the whole time, who was also abused by my ex. Can our 17 year old daughter insist that her older sister be in the room with her when she meets with the law guardian? And can she insist that he does not have one of his associates in the room?

A: David’s Answer: It’s up to her – she’s the client, so she’s (supposed to be) in charge. If she wants to insist on her sister (or anyone else for that matter) to be present for the interview, then she’s free to do so. She has a right to file a complaint with the Supervising Judge’s office and/or the Office for Attorneys for Children (Appellate Division – 2d Dept.) if her concerns are not being addressing by her attorney. Schedule a consult with a White Plains Family Law attorney for a full assessment.

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