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    Family Law CASA: a Gift for Children in Court

    By Amelia J. Adair

    “Mandy” is 12. She sits alone in an echoing courthouse hall. She is frightened because she doesn’t know what will happen to her and her baby brother. She is also angry. Mandy wanted to talk to the judge, but they wouldn’t let her in the courtroom.

    Over 5,000 family law cases per year involving children are filed in King County Superior Court. These cases include dissolutions, child support, third party custody and parenting plan modifications. In thousands of cases, one or more parents cannot afford attorneys.

    Family Law CASA of King County is a non-profit organization that provides a gift to children who are caught in contested custody actions in King County Superior Court. Family Law CASA volunteers are “Court Appointed Special Advocates” who advocate for children in court. When appointed by judges or commissioners, Family Law CASA volunteers investigate and report on the best interests of the child. They serve as a voice for a child in court.

    Mandy has missed “Dad” (who really isn’t her dad, but her little brother’s dad), ever since he moved out and filed for divorce. Now Mom’s new boyfriend lives with them. He scares Mandy because he yells a lot and sometimes hits Mom, especially when he’s been drinking. Mandy starts to cry, alone in the hall.

    Two years ago, Family Law CASA closed its doors. Originally founded 20 years ago, CASA became a national model for providing community-based representation for children. Family Law CASA was a court-funded program until severe King County budget cuts led to closure of the program (Family Law CASA is distinct from the Dependency CASA program which provides similar services in juvenile court).

    A dedicated group of staff, attorneys, and community leaders worked to save the program, recreating it as a self-supporting, 501(c)(3) charity. The non-profit Family Law CASA program opened its doors in July of 2003, and has been representing children ever since. Caroline Davis, past president of the King County Bar Association, is the executive director.

    In Family Law CASA’s first full year of operation as a charity, over 100 volunteers have given their time to represent more than 160 children. In 21% of assigned cases both parties were pro se, and in another 30% of assigned cases, only one party was represented.

    The Commissioner listens to the nervous mother at the respondent’s table. Her boyfriend has interrupted the proceedings twice, arguing with the father. The father--also pro se--requests custody of the children. The mother objects. She claims the father abused the children, and that is why she forced him out of the family home.

    Family Law CASA volunteers come from all walks of life. They are family law attorneys, graduate students, psychologists, housewives, Boeing engineers, insurance agents, philanthropists, physical therapists, nurses, teachers, businessmen--and women, and retirees. They undergo screening and four days of guardian ad litem training to qualify to serve.

    Many Family Law CASA alumni from the original program have gone on to become law students, attorneys, guardian ad litems, court commissioners, and judges. All are united by a passion for helping children.

    The Commissioner looks through the thin stack of working papers. They contain allegations of child abuse, alcohol and drug abuse, and domestic violence. Unfortu-nately they contain little hard evidence, no affidavits from unbiased people, and no objective information about what is best for these children.

    The 2003 Washington Civil Legal Needs Study1 documented the acute need for civil legal services for children in this state. The Family Law CASA program helps fill that gap. Its mission is to recruit, screen, train, supervise and support community volunteers who are appointed to investigate custody and visitation disputes and report to the court on the best interests of children.

    The Commissioner decides to appoint Family Law CASA on this case. He reschedules the temporary orders hearing to allow time for an investigation and report.

    A long-time Family Law CASA volunteer explains that whenever she begins a case, the first thing she says to the parents is, “I’m here to look out for the best interest of your child, not you.” She believes her presence on a case often helps parents reduce fighting and refocus on what is truly important for their children.

    Communication with other people in the child’s life may lead a Family Law CASA volunteer to recommend counseling, drug and alcohol evaluations for the parents, health care, disability screening, and other common-sense solutions to help improve the child’s lives. Volunteers ask questions and gather evidence, acting as the “eyes and ears” of the court.

    The Family Law CASA volunteer soon meets Mandy at her mother’s home. Mandy is relieved, because now she knows the judge will hear her story. The volunteer also interviews Mandy’s mother, her boy-friend (and his probation officer, and the woman who has a restraining order against him), grandparents, neighbors, teachers, pediatrician, step-father, and Mandy’s biological father who wants a role in her life.

    Children like Mandy are caught in our court system every day. Some cases handled by Family Law CASA involve disturbing facts such as drug traffic in the home, children left with convicted sex offenders, children driving with drug-impaired parents, repeated allegations of abuse which prove to be false, young children left alone to care for themselves, and teens involved in risky behavior due to lack of supervision.

    Family Law CASA volunteers inquired into these allegations and in each case brought relevant information to the court to help determine what is best for a child.

    Mandy’s CASA volunteer testified at the next hearing. The Commis-sioner was able to make an informed decision after learning more about Mandy’s life, her family, and her feelings.

    “Mandy” is not the girl’s real name, but the facts are from real cases, repeated over and over as children intersect with our court system. For more information, please visit www.familylawcasa.com.


    Amelia J. Adair is a former Family Law CASA volunteer, a present member of the Family Law CASA Board and a Trustee of the King County Bar Association. She practices law with Leahy.ps in Kirkland, providing corporate representation for condominium and homeowners associations. She treasures the memories of the children she helped as a CASA volunteer.

    1 See Washington State Supreme Court’s Task Force on Civil Equal Justice Funding summary at http://www.courts.wa.gov/newsinfo/newsinfo_reports/taskforce/legalneedsexecsummary.pdf.


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