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Colorado Supreme Court Removes Attorney-Client Privilege from Guardians Ad Litem

When a divorce case is ongoing and the issue of child custody is being contested by the parents, the situation can quickly grow nasty and become extremely damaging for those children.  For this reason, courts around the country have recognized and in many cases appointed what is known as a guardian ad litem to represent the best interests of the children when it comes to child custody and child neglect cases.

The reason for a guardian ad litem is to have the children communicate with someone who serves as an advocate for those interests.  This person does not decide custody cases, but rather promotes his or her best opinion as to what solution would be in the best interests of a child.  To date, communications between children and their guardian ad litem have been as privileged as most other attorney-client privileges.  That has all changed now in Colorado.

The Supreme Court of Colorado has recently made a ruling that removes this privilege that has always existed between a child and a guardian ad litem.  The reason was that a child in a particular case told the advocate of sexual abuse that was occurring.  When a criminal court attempted to obtain that information, the guardian ad litem refused to offer it.  Eventually, the Supreme Court of the state ruled that this information should be available for the potential prosecution of the alleged abuser.

San Diego Child Custody Lawyers

Clearly, this decision has sent shockwaves through the Colorado legal community, with some coming out in support of the decision and others rebuking it as a terrible development.  As is always the case, no one knows for sure if this precedent will be noticed by other jurisdictions, but it could change the dynamics of contested child custody battles around the country if it does.

Dealing with this battle is something that no parent or child should ever have to experience, but unfortunately there are situations where such an issue is unavoidable.  If you are facing the prospect of fighting for your children, you need to seek the help of San Diego child custody lawyers who have been fighting for the rights of fathers for many years.  Contact the Men’s Legal Center today to schedule an initial consultation.