What is the Children's Law Project?
The Children’s Law Project (CLP) is a program that appoints attorneys to represent children involved in contested custody and visitation matters pending in Hampden County Probate and Family Court.
The child is the attorney’s client. The attorney voices the child’s position when parents or guardians cannot agree on what is best for the child. The attorney is not an advocate for either parent or for the Court.
The Children’s Law Project is funded, in part, through a grant from the Massachusetts Bar Foundation.
What are the Goals of The Children’s Law Project?
- To give children a voice in Court Proceedings;
- To lessen the severity of a child’s trauma when parents cannot agree on custody and visitation matters; and,
- To decrease the stress put upon children by tracking and streamlining court proceedings.
How Does the Children’s Law Project Work?
Children who have been assigned a CLP attorney have legal representation at all Court hearings. The Project requires the assigned attorney to interview the child within thirty (30) days of their appointment. In an effort to resolve legal issues more quickly, expedited Pre-Trial Conferences or Status Conferences are scheduled ninety (90) days after appointments. During this time, a Probation Officer, the child’s attorney, attorneys for the parents, and the parents themselves try to resolve the matter by reaching an agreement that will be reduced to writing and formally approved by the Court. Such agreements often have a better chance of succeeding than contested Court orders.
What is The Role of the CLP Attorney?
Children’s Law Project attorneys do not investigate pending custody or visitation matters, nor will the child’s attorney testify as a witness. The Court refers cases to the CLP attorneys and provides relevant paperwork and collaterals.
Children’s attorneys only represent and advocate for the children and cannot represent or give legal advice to either parent. Their job is to convey children’s needs and desires to the Court. Attorneys may occasionally make recommendations to the Court and/or to parents when they believe the suggestions are necessary to promote the child’s best interests.
WhaHow does an Attorney Get Appointed?
Either party involved in a domestic case in the Hampden County Probate & Family Court can petition the Court for an appointment of a Children’s Law Project Attorney. The Judge will determine if the appointment is appropriate. If so, the Judge will issue an order for the Appointment. The Judge can also independently issue an Order for an Appointment of a CLP attorney, even if neither party has requested it.
Do I have to Pay for the Attorney?
You will be asked to make a financial contribution to the Children’s Law Project, which helps sustain the program, which is funded in part by the Massachusetts Bar Foundation Grant. Additionally, Hampden County attorneys provide pro bono time and supplies. Your contribution is based on 10% of your monthly gross income minus monthly child support paid or received. It is usually payable within 60 days following the attorney appointment. The preferred methods of payment are money orders or bank checks (no personal checks) issued to the Children’s Law Project. Additional fees will be assessed if the case goes to trial.