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Child's Representative In some cases where there is a substantial dispute regarding children’s issues, such as custody, visitation, or permission to remove the child from the state, the judge may appoint an attorney as “child’s representative.” The role of the child’s representative is set out in §5/506 of the Illinois Marriage and dissolution of Marriage Act. The duty of the child’s representative is to advocate what the representative finds to be in the best interest of the child after reviewing the facts and circumstances of the case. The child’s representation is to consider the wishes of the child to the extent the child makes them known, but is not bound by the child’s wishes. The child’s representative has the same power to take part in the litigation as the attorneys for the parties. For example, he or she can investigate, can seek information through discovery procedures, can present and question witnesses at trial, and can make arguments to the judge. Because the child’s representative enters the case as neutral party rather than as an advocate for either parent, the judge often gives substantial weight to his or her recommendation. A child’s representative can often help resolve a case before trial by giving a well-reasoned recommendation regarding the child’s best interest. A child’s representative is different than a court appointed evaluator. The judge also has the authority to appoint a court approved mental health professional to investigate and advise the court regarding the best interest and wishes of a child who is in the subject of custody proceedings. In some cases the judge may appoint both a child’s representative and an evaluator. The parents will be required to pay the child’s representative fee in an amount approved by the court. The judge can also decide how the fee is to be allocated between the parties. The statue attorneys are required to have special training and be approved by the court before they can be appointed as child’s representative. Both Deborah Goldberg and Kevin Kane are on the approved list and accept court appointments.
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Both Deborah Goldberg and Kevin Kane are certified Family Mediators and are approved by the court for court ordered mediation in the 19th Judicial Circuit Court.
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