John explains what is a law guardian, in which cases is necessary, and who names him.
When faced with a child custody case in court, one of the things that the judge is going to do, almost always, will be to point at a Law Guardian or what is now called "Attorney for the Child" or an "FC" is how most people use the term.
What does a Law Guardian do? Well, the Law Guardian represents the child.
And unfortunately, most of us think that-that means the Law Guardian is going to figure out what is in the child's best interest and advance what they think should happen or what the law thinks should happen.
The reality is the Law Guardian is required to move forward and advance the child's position.
So, for example, if in fact, the child is over the age of seven and can formulate a plan for what they would like an opinion, as to who they would like to live with. Then the Law Guardian will go ahead and advance that position, okay? If the child is over the Age of Reason.
Additionally, the Law Guardian is required to do that by law.
It doesn't mean the law Guardian, won't try to negotiate something different perhaps. If in fact they council the client to do so, and they move forward that way.
But don't think that a low Guardian is going to automatically come up with the correct conclusion as to what should happen because that's not their job.
Their job is to advance the position of the child anything, which can be a very difficult thing.