Children’s rights
Access to Justice for Children
Attorneys for the Child (AFCs) are crucial to ensuring that children’s voices are heard when they are most needed. Nowhere is this more clear than in custody disputes, the decisions of which carry a profound impact on the lives of our clients.
Every year, thousands of families turn to New York’s Family Courts to resolve custody disputes, yet children are not guaranteed their own legal representation in such matters. Instead, their interests are conveyed by the parents who are incentivized to define a favourable interpretation of their child’s needs. How, then, can we expect a neutral advocacy of the child’s voice when they are so vulnerable to having their thoughts drowned out by adult disagreements?
New York law already recognizes that children have independent legal interests that merit counsel in functionally similar proceedings, such as neglect and abuse cases and termination of parental rights proceedings. Yet in custody disputes, where outcomes can dramatically reshape a child’s daily life and family relationships, representation remains inconsistent and dependent on judicial discretion.
We need advocates to fight on their behalf.
This discrepancy is one area where CLC continues to advocate for change. Guaranteeing an Attorney for the Child in custody cases would help ensure that decisions fairly represent the best interests of the child in matters that will shape the course of their lives.
Children’s rights in New York
New York is one of several places in the country where children are assigned their own attorneys in custody, visitation, and guardianship cases. The NY Attorney for the Child (AFC) model prioritizes the child’s direct representation, in contrast to jurisdictions that appoint Guardians Ad Litem (GAL) that may substitute their own wishes over the child’s.
New York’s model ensures that children have a direct say in decisions about their lives. In NY Family Court, children have the:
Right to Legal Representation
A contingent right in custody, visitation, and order of protection cases — courts appoint AFCs to advocate for children’s wishes and best interests.
Right to Protection
Legal safeguards exist for children in cases of domestic violence, neglect, and abuse.
Right to be heard
Under well-established case law, judges must consider children’s voices when deciding custody and visitation arrangements.
“Children have the right to give their opinions freely on issues that affect them. Adults should listen and take children seriously.”
Article 12, the Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child
The Convention on the Rights of the Child (CRC) outlines 54 articles protecting children’s fundamental rights. Some of the most important include:
- Right to Survival and Development (Article 6) – Every child has the right to grow up in a safe and healthy environment.
- Right to Be Heard (Article 12) – Children have the right to express their views in legal matters that affect them.
- Right to Protection from Harm (Article 19, 34, 35) – Governments must protect children from violence, exploitation, and neglect.
- Right to Education (Article 28, 29) – All children have the right to an education that prepares them for life.
- Right to Legal Fairness (Article 40) – Children accused of breaking the law must be treated fairly and have access to legal representation.
Shaping the future of children’s rights
The Children’s Law Center works to ensure that the legal protections of young people are not just recognized, but actively enforced. Through legal representation, policy advocacy, and thought leadership, we fight to amplify the voices of NYC’s most vulnerable children and strengthen their rights.
Advocating for children’s rights means giving the children in Family Court Attorneys for the Child (AFC), educating legal professionals on best practices in child advocacy, and pushing for policies that protect children from family instability and conflict.