JURISDICTION: NEW YORK

This template applies to New York State courts (Supreme, Family, Appellate Division) governed by CPLR, DRL, FCA, and 22 NYCRR.

NOTICE OF NON-COMPLIANCE — ATTORNEY FOR THE CHILD

[NY][FCA] Demand for Zealous Representation and Communication

⚠️ Before Using This Template

When to Use Notice to Attorney for the Child

USE this template when:

AFC has not met with the child they represent despite reasonable time passing
AFC has not filed position statements or communicated child's wishes to court
AFC missed court appearances or failed to participate in proceedings
AFC appears to be acting as law guardian (best interests) when appointed as AFC (expressed wishes)
You need to create record of AFC's failure to fulfill statutory duties

DO NOT use this if:

AFC is fulfilling duties but you disagree with child's expressed position
AFC is properly advocating for child's best interests when role is law guardian
This is first instance of concern (try informal communication first)
Child is unable to express wishes and AFC appropriately switched to best interests standard
AFC's strategy differs from yours but is within professional judgment

Appropriate example: AFC appointed 4 months ago; no documented meeting with child; no position statement filed; missed last two hearings.

Inappropriate example: AFC is advocating for child's wish to stay with non-custodial parent and you disagree with that outcome.

Try These Steps First

Before sending this notice:

Review appointment order to confirm role (AFC vs. law guardian)
Contact AFC directly via email/phone expressing concerns
Ask child if AFC has met with them or explained role
Document failures (missed appearances, lack of filings, no communication)
Raise issue in court at next appearance before sending formal notice
Consult FCA §§241-249 to confirm actual violation of duties

Document everything: Court dates, attempted contacts, child's statements about meetings.

Resource Requirements & Consequences

⚠️ Important Considerations:

Timeline: AFC may respond within days; court may address at next appearance
Child impact: May affect child's case if AFC remains ineffective
Relationship: May damage cooperation between parties and AFC
Court discretion: Judge may or may not remove/replace AFC based on this notice
What this achieves: Creates record for appeal; may prompt AFC to fulfill duties; supports motion to replace
What this does NOT do: Automatically remove AFC; guarantee new counsel; change child's expressed wishes

Alternatives to consider:

Raise directly in court: Ask judge to inquire about AFC's compliance at next appearance
Motion to replace counsel: If AFC abandonment is clear and ongoing
Grievance complaint: For serious misconduct (use Attorney Grievance template)
Consult with your attorney: If you're represented, have them address with court

Best practice: Use this after informal attempts fail and AFC's non-compliance is documented and ongoing; preserves record for appeal and supports motion to replace if needed.

TO: {{AFC Name}}, Esq., Attorney for the Child FROM: {{Your Name}}, {{Party / Pro Se Litigant}} DATE: {{Date}} CASE: {{Caption}} | Docket No. {{Number}} COURT: {{Family Court, County}} SUBJECT: Notice of Non-Compliance with Duties Under FCA and NYCRR Part 7

Legal Authority

You are bound by:

FCA §§241–249: Duties of law guardians and attorneys for children
22 NYCRR §7.2(d): Standards for representation of children
RPC 1.1, 1.3, 1.4: Competence, diligence, and client communication
Matter of Lashonda B., 28 N.Y.3d 259 (2016): AFC must zealously advocate for child's expressed wishes

Identified Deficiencies

As of {{date}}, you have failed to:

Meet with your client: No documented contact with {{Child Name}} since {{date or "case assignment"}}.
Investigate the case: No apparent review of {{documents, witnesses, evidence}}.
Communicate position: No position statement or filing indicating {{Child Name}}'s expressed wishes or best interests.
Appear at proceedings: Failed to appear at {{hearing date/description}}.
{{Additional deficiencies as applicable}}

Demand

You are demanded to:

Meet with {{Child Name}} within {{X}} business days and document the meeting.
File a position statement reflecting your client's expressed wishes or, if applicable, your substituted judgment with explanation.
Provide written confirmation of compliance to all parties within the same timeframe.

Preservation and Remedy

This notice preserves the record for:

Motion to disqualify or replace counsel
Appellate review of ineffective assistance
Administrative complaint under 22 NYCRR Part 1240 (Attorney Grievance)

Failure to comply may result in a motion for your removal and appointment of substitute counsel.

Service

Served via {{email / certified mail / NYSCEF}} on {{date}}.

Certification of Service

I certify that this Notice of Non-Compliance was served upon {{AFC Name}} via {{method}} on {{date}}.

Procedural Compliance Framework

Notice of Non-Compliance - Attorney for Child