SPARC Forums

My minor children have legal counsel appointed to them by the courts for a custody case before them. Their Attorney has written a declaration for another case, not related to the case which she was appointed, revealing information told to her by the children.  

1) Do my children, because they are minors not have an attorney client privilege?

2) If they do, what should I do to protect that right for them?

Thanks Soc.

We are in CA if that matters.

>1) Do my children, because they are minors not have an
>attorney client privilege?

The privilege exists and cannot be waived except by the child, and since the child doesn't understand the importance of the privilege, the court probably wouldn't permit the child to waive the privilege until the court was apprised of all the facts.

>2) If they do, what should I do to protect that right for
>them?

I don't have enough facts for an analysis. I need to know exactly what both cases are about, how the attorney is involved in each, and exactly what is in the declaration.