Sunday, October 25, 2015

Child Representatives Enjoy Absolute Immunity

In Davidson v. Gurewitz (October 20, 2015) (here), the Appellate Court, Second District, held that a child representative appointed under section 506(a) of the Marriage and Dissolution of Marriage Act enjoys absolute immunity from malpractice liability.

Pursuant to section 506(a)(3), the trial court appointed Thomas Gurewitz as the child representative of the divorcing parent’s minor child. After the trial court entered the judgment of dissolution, the mother sued Gurewitz for malpractice. The mother claimed that Gurewitz completed his duties as a child representative on October 1, 2012, when the parties entered into a parenting agreement that settled all issues relating to the best interests of the child. The plaintiff further alleged that instead of withdrawing from the case after completing his duties, Gurewitz participated in the trial by cross-examining the plaintiff and making a closing argument. According to the malpractice complaint, Gurewitz’s unauthorized actions resulted in the entry of a judgment “replete and filled with vindictiveness relating to [plaintiff].”

Gurewitz moved to dismiss the malpractice action arguing that it was barred by the doctrine of absolute immunity. The appellate court acknowledged that section 506(a) does not, by its terms, immunize child representatives. But the court determined that the common law affords immunity to court-appointed child representatives. Thus, the Second District aligned itself with the First District’s decision in Vlastelica v. Brend (here), finding that absolute immunity is necessary so that a child representative can “fulfill his obligations without worry of harassment and intimidation from dissatisfied parents.”


Sa divorce said...

Valuable information. You can visit Child custody law firm to hire the services of best child custody lawyers & attorneys.

Indore Institute Of Law said...

Nice Blog!
It is really informative to us.
To get details about law college, admission, fees structure and other things
Click here.

Thank You1

Unknown said...

great work man i would like to congratulate you on this effort INTELLECTUAL PROPERTY LAWYERS REALLY DO

Unknown said...

Wonderful, just what a blog it is! This blog has provided the helpful data to us continue the good work.
Company registration consulting firm

Indore Institute Of Law said...

Great article shared.

Thank you!

Top 10 law colleges in india

Hamza said...

injury lawyer cocoa

Best Service said...

Michigan State allows you to appeal the decision after a criminal trial in case you are not certified by the outcome. Your life can significantly change if you feel that the ruling was not fair. You need to file an appeal after the trial let discuss our case click here