# NOTICE OF NON-COMPLIANCE -- ATTORNEY FOR THE CHILD

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

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

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**NOTE:** This notice assumes good faith and seeks cooperative compliance with procedural requirements. It is not an accusation of misconduct, but a formal request to ensure complete record and proper procedure.

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## Legal Authority

You are bound by:

- **FCA Section 241–249:** Duties of law guardians and attorneys for children
- **22 NYCRR Section 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

## Procedural Status

As of {{date}}, the record does not reflect:

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

## Demand

You are demanded to:

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

## Cooperative Resolution

If the requested actions are completed within {{X}} business days, no further action is necessary. This notice will serve only as record preservation for procedural compliance.

## Preservation Notice

This notice preserves the procedural record for:

- Motion to address representation issues if informal resolution fails
- Appellate review (if applicable)
- Administrative record of good-faith compliance efforts

If informal resolution is unsuccessful and representation concerns persist, you may need to consult an attorney about remedies including potential motion for substitution of counsel.

## Service

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

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**Certification of Service**

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

{{Your Signature}}
{{Your Name}}
{{Address}}
{{Phone}}
{{Email}}