Often, children are old enough to express their own views (typically, the opinion of teenagers matters more than younger children), and there are no psychological issues which need investigating. In such cases, having a lawyer appointed for the children may make more sense than having a psychologist appointed as a CFI or Parental Responsibilities Evaluator.
Appointment of Child's Legal Representative
In cases with disputed parenting issues, either party may request, or the Court may, on its own, appoint a lawyer to serve as Child's Legal Representative, or CLR. The same person cannot serve both as CLR and as a CFI.
CLR Costs
The Court may allocate the CLR costs to either party, or both of them.
Role of Child's Legal Representative
A Child's Legal Representative is an attorney appointed pursuant to C.R.S. 14-10-116 to represent the best interests of the child. Note that the lawyer does not represent the child, but the child's "best interests".
Previously, a Guardian Ad Litem (GAL) was appointed to represent the children. But the CLR's client is the more nebulous concept of "best interests". While the distinction may seem subtle, imagine a 14 year-old who wants to live with his father, because his father has no curfew, lets him drink and smoke, and does not make him do his homework. While the child may want to live in that environment, it's hard to argue that it's actually in his best interests. The CLR may consider the child's wishes, but is not bound by them.
It's unusual to have such stark facts at the hypothetical just presented. More commonly, CLRs are appointed to speak for the children when the parents disagree about what the child wants.
The CLR actively participates in all aspects of the case, but unlike a CFI or a PRE, is not a neutral expert who can testify. Instead, as with any other attorney, at a hearing the CLR examines witnesses, and argues for a certain outcome.
However, once a CLR is appointed, he/she is "first among equals", and has a greater say on parenting time than one of the attorneys representing the parents. So a CLR can often work with all counsel to facilitate settlement, since the CLR's views are given greater weight.
