In high-conflict custody and parenting time cases, Oregon courts have the authority to appoint a child’s attorney to ensure the child’s voice and interests are adequately represented. This appointment can be critical in cases involving allegations of abuse, questions about a child’s safety, or strong disagreements between parents.
Why a Child Might Need an Attorney
Children are often the most vulnerable participants in family law disputes. While parents have their own attorneys, a child may be caught in the middle of complex legal, emotional, and logistical issues. When that happens, the court may determine that the child needs their own legal representative to provide an independent voice in the proceedings.
Who Can Request an Appointment?
Under ORS 107.425(6), an attorney for the child may be appointed in three ways:
- By the Child: If a child submits a written request to the court, the appointment of an attorney is mandatory.
- By a Parent: Either parent may file a motion asking the court to appoint an attorney for the child. The judge has discretion to grant or deny the motion.
- By the Court: Judges can appoint an attorney for the child on their own initiative, even if neither parent makes a formal request.
Types of Representation for Children
Depending on the child’s age, developmental capacity, and the legal issues involved, courts generally appoint one of two types of legal representation:
1. Best Interests Attorney
This attorney’s role is to independently investigate the child’s circumstances and recommend a custody or parenting time arrangement that the attorney believes serves the child’s best interests. This approach is most common when the child is too young or developmentally limited to express a reasoned preference.
2. Express Wishes / Advocacy Attorney
In cases where the child is mature enough to express a clear preference, the attorney advocates for what the child wants—even if that may not align with what others believe is in the child’s best interests. Like an attorney for an adult, this lawyer is ethically bound to pursue the client’s objectives while offering advice and perspective.
The Role of a Child’s Attorney
Once appointed, the attorney becomes a full participant in the case and owes professional duties solely to the child—not to either parent or to the court. The attorney typically:
- Meets with the child and builds a rapport.
- Speaks with both parents and other involved adults (e.g., caregivers, teachers, therapists).
- Reviews educational, medical, and mental health records.
- Participates in hearings, presenting evidence and making legal arguments.
- Cross-examines witnesses and may call their own.
Local Court Practices
Multnomah County
Multnomah County has developed a specific program called the Children’s Representation Project and has detailed Supplemental Local Rules (SLRs) governing the appointment process. These rules emphasize that appointed counsel should represent the child’s legal interests in obtaining a secure, stable home life and a balanced relationship with both parents.
Washington County and Other Counties
Washington County also has well-defined local procedures. Many other Oregon counties, however, rely on the general state statutes without adopting their own local rules.
Practical Considerations
If your child is caught in the middle of a contentious family law dispute, having a neutral third party—one focused solely on your child’s voice and interests—can bring clarity and reduce conflict. In many cases, the appointment of a child’s attorney can help avoid trial altogether by promoting negotiated resolutions that better reflect the child’s needs.
How to Request Appointment of a Child’s Attorney
If you believe a child’s attorney may be appropriate in your case, consult with a family law attorney to discuss your options. The general steps include:
- Consult Your Attorney – Get legal advice on whether to pursue this option and how it may affect your case.
- Prepare a Motion – Include facts justifying the appointment and any relevant information about the child’s situation.
- Serve the Motion – All parties in the case must receive a copy.
- File with the Court – The appropriate circuit court will review the motion and make a determination.
Contact Us
If you're facing a custody or parenting time dispute and wondering whether your child needs an attorney, we can help. Contact Pacific Family Law Firm at https://pacific-flf.com or call us at 971-277-3822 to schedule a consultation.
This post is intended for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult with a qualified Oregon family law attorney.
