minors counsel 'priveleged' interviews

What is the name of your state? CA

I have a question/ concern about how the process of minor's counsel works. Apparently the minors counsel can talk to any family, friends of mine that she wants to. I do not have anything to hide, BUT I do have a relative who has always been very mean and unfair to me..for soem reason she is very hostile towards me, and tends to speak not that great things of me. THe minors counsel talked with her. This relative did not bother to tell me that the counsel had called her. I found out a week later in a report that this relative (supposedly) made negative comments to minors counsel about me, but I do not know WHAT she said, so I am not able to address it, or prove otherwise. This seems very one sided. Even criminals are allowed to know the 'evidence against them ,and to have a chance to refute it. I think this is very dangerous. Any person who doesnt like you or has a bone to pick can say anythign about you, and the minors counsel reports it as gospel truth.

Am I entitled to know the contents of this relatives 'concerns', in fairness to me?

sandysue said:

Am I entitled to know the contents of this relatives 'concerns', in fairness to me?

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Simple answer... no.

could you expand on that a little bit more?
Are you saying that minors counsel is allowed to consider in a serious manner the statement that any person wants to give her, true or not? I am at a loss to understand and have difficulty believing that any person could say anything, without the parent's being given the nature of what was said. HEre is an example. A parent has led a totally drug/ alcohol free life-- any investigator could prove that if they wanted to. BUT, let's say there is a vindictive and jealous sibling who tells minors counsel the parent has a 'drinking problem'. Under the scenario it sounds like you describe, minors counsel could turn around and recommend to the court that parent go to rehab- with no finding of fact, just a claim from a vindictive relative. I fail to see how a criminal on trial for murder would be given more rights than a parent who is just trying to get more custody....it seems like under the law, this even applies to a new law with social services, they have to disclose the nature of any complaint made against a family, they cannot simply say 'we have a complaint' they have to say who and what. It seems like with my situation i'm talking about with relatives, ex-friend or angry neighbor, etc could make up anything they want and tell minors counsel, and if that is so, legally seems like the parent could if they made an issue of it, demand to know what was said. ??

sandysue said:

Are you saying that minors counsel is allowed to consider in a serious manner the statement that any person wants to give her, true or not?

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Of course. It is up to the minor's attorney to interview ALL the parties to determine the facts. And some statements have more value than others.
You do NOT get to 'pick and choose' who the attorney gets to talk to... or what the attorney hears or says. That is what the attorney is there for.... to serve in the best interest of the minor... not you.

no, I do not want to choose WHO she talks to. I just thought if there is some type of complaint , (anyone can make up anything) I am entitled to knwo what it is, so I have a chance to refute it.

sandysue said:

no, I do not want to choose WHO she talks to. I just thought if there is some type of complaint , (anyone can make up anything) I am entitled to knwo what it is, so I have a chance to refute it.

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Why do you think you have ANY rights in this??? You don't.
Why do you think you have a 'chance to refute' anything?? You don't.
And the attorney will put whatever 'truth meter' to the statements made and act accordingly.

The simple fact is... if the attorney representing the minor's interest finds sufficient evidence or credibility to support the negative report, they should act on it. If they don't, they should consider the negative statements of little if any value.
That is what an 'independent third party' is supposed to do.

i understand the counsel can talk to different people, and that's fine. I do not have anythign to hide. I have led a girl scout clean life really, to the point of being boring to soem people! My only point is that if you have a relative who has a beef with you, or an ex boyfriend, etc. that person could conceivably make up something, fabricate anything against you, and if the parent is not given the nature of the information, how would that be a responsible finding of fact?? Even social workers cannot just take action against a parent based on some random complaint It became so apparent that alot of 'complaints' made to social services were bogus, made up by angry ex boyfriends, or jilted mother in laws, etc. that now the law says the family is entitled under the law, to have the nature of the complaint disclosed to them. The same applies to any criminal, no matter how guilty, they have a right to have the evidence heard.
It's disturbing to me if in the case of finding out information for something as important as custody, why the same rights wouldnt be afforded. The minors counsel could be told by an ex boyfriend that a parent is a drunk, and how would the parent be able to prove otherwise, if they are not given the chance to do so?? Conceivably, under that process, if the minors counsel takes as truth whatever any person says, they could lose custody over an unfounded lie. I have trouble believing this, there must be some safeguard in place

The minor's counsel represents the minor, not you. You are not privy to their work produce. If this information is important, you will eventually get a chance to refute it. They gather evidence as a part of their role, evidence is just that, good and bad eventually it will be considered by a trier of fact. RIght now their role is to represent the best interest of the minor not the parent.

okay, well I guess I got the answer now, that at some point, if it is an issue, parent would have some opportunity to address whatever was said about them.

sandysue said:

okay, well I guess I got the answer now, that at some point, if it is an issue, parent would have some opportunity to address whatever was said about them.

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DING!!! DING!!! DING!!
Give the little lady a kewpie doll!!!

Welcome to the "Family Court System" where a parent is guilty until proven innocent, and even then they are still guilty because the court can "decide" who is lying and who is telling the "truth".

greivingspouse said:

Welcome to the "Family Court System" where a parent is guilty until proven innocent, and even then they are still guilty because the court can "decide" who is lying and who is telling the "truth".

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You are so off the mark.
There is NOT guilty in family court -- what family court uses is the best interest of the child standard. And that is decided based on a lower evidence requirement than beyond a reasonable doubt.

sandysue said:

What is the name of your state? CA

I have a question/ concern about how the process of minor's counsel works. Apparently the minors counsel can talk to any family, friends of mine that she wants to. I do not have anything to hide, BUT I do have a relative who has always been very mean and unfair to me..for soem reason she is very hostile towards me, and tends to speak not that great things of me. THe minors counsel talked with her. This relative did not bother to tell me that the counsel had called her. I found out a week later in a report that this relative (supposedly) made negative comments to minors counsel about me, but I do not know WHAT she said, so I am not able to address it, or prove otherwise. This seems very one sided. Even criminals are allowed to know the 'evidence against them ,and to have a chance to refute it. I think this is very dangerous. Any person who doesnt like you or has a bone to pick can say anythign about you, and the minors counsel reports it as gospel truth.

Am I entitled to know the contents of this relatives 'concerns', in fairness to me?

Click to expand...

A Minor's Counsel is different than a GAL or other advocate....as they represent the CHILD specifically. Their communications do not need to be known to anyone outside of them & the child. (Same as your attorney's communications with YOU would be privileged).

I disagree with the poster who stated that you are 'Guilty' until proven innocent in Family Court. What happens is parents say terrible things about each other every day- allegations are flung around- people are emotional & defensive. Minor's Counsel are very used to this, and are adept at checking facts- reviewing documents & contacting collateral sources. Give them time to represent their client (the Child) and to review the entire case.

BTW~ Usually bashing a parent (or relative) will backfire. The people the Minor's Counsel are most concerned with are teachers, daycare providers, doctors etc.