This started as a response to a single incident, but in one of those 
"synchronicities," has expanded. Here is the second draft, which I plan 
to send out tomorrow, but will sleep on first. I'll look on Lactnet for 
your suggestions first, as well.
-------------------------------------

To the executive officer of Superior Court:


I have had complaints from my clients that breastfeeding mothers who are 
involved with Family Court mediation are having their rights to 
breastfeed disregarded. Typically, they are told that they should allow 
their infants to be given “formula” to make shared custody in early 
infancy easier for the father.

As a board-certified health care professional, and as the County of 
---------'s Lactation Consultant, I would like to help clarify the 
medical and legal problems with this position. Many professional health 
associations have published statements on infant feeding recognizing 
breastfeeding as the only physiological source of milk in an infant’s 
diet. Breastfeeding experts are well aware that artificial substitutes 
for breastmilk, such as infant formula, create a variety of risks to 
infant and maternal health. In addition, this supplementation threatens 
the viability of breastfeeding itself and creates an unreasonable burden 
on both mother and child. Because of the economic and health 
implications, and a woman’s right to choose the safest method of infant 
feeding for her child, the State of California has made it clear that 
breastfeeding—and being breastfed—are protected as civil rights. The 
United States government is signatory to two international documents 
stating that breastfeeding, and being breastfed, are human rights, and 
has as its goal exclusive breastfeeding for the first six months of 
life, and continued breastfeeding for much longer. A mediator cannot 
simply set these rights and national health goals aside; nor should she 
or he make a clinical recommendation to substitute non-physiologic 
sources of nutrition. As an infant feeding specialist, I am careful not 
to recommend use of a breastmilk substitute unless there is a medical 
necessity, because of the risks that formula feeding brings to both 
mother and child. Breastfeeding provides not only nutrition, but 
protection, and every child and mother deserves that protection.

Many women are willing and able to produce and make available extra milk 
so that others can temporarily take over their role in their absence. 
Some women are willing, but unable to meet express enough breastmilk in 
advance to provide for long absences. In such a case, it is futile to 
insist that a woman do what she cannot. Nor should we insist that a 
woman allow a risky substitute to be given if she herself is able to 
provide breastmilk for her child by breastfeeding.

Court mediators have an obligation to represent the rights of the child. 
If the father is unaware of the unmatchable role breastfeeding plays in 
the life of his child, that is information your mediators must provide. 
As a society, we cannot afford to continue as if we were unaware of the 
importance of breastfeeding to the physical and emotional health and the 
economic welfare of women, their children, and our community as a whole. 
A woman who is breastfeeding has an idea of its worth, and has a 
reasonable right to expect that the court will place a commensurately 
high value on, and so help to protect, the breastfeeding relationship.

Our county works hard to increase breastfeeding frequency, exclusivity, 
and duration, so that our children and mothers don't suffer losses in 
health and development caused by a lack of breastfeeding. Please help 
our efforts. Family Court Services must act quickly to implement a 
policy which promotes, supports and protects breastfeeding, and make 
that policy known to all.

I look forward to hearing from you soon. Sincerely yours,

Arly Helm, MS, CLE, IBCLC, RLC

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