I received an e-mail asking me about witnesses in divorce (or
paternity - where they never married) cases where young, breastfed babies
are involved.  Can Leaders testify to separation issues?  Can the IBCLC? Who
is the best witness in these cases?
        Health care professionals should seek an answer to this question
from the mother's lawyer.  In most situations, the baby's pediatrician in
the first choice for an expert witness, whether it be breastfeeding or
separation issues.  When separation issues are really what is involved (such
as weekend visitation with a one year old) rather than breastfeeding (two
weeks with a three month old where permanent weaning may occur - although
separation is an issue there also), a psychiatrist or psychologist is
usually needed.  If none are available, then other mental health
professionals would be looked at.  The IBCLC is usually going to be needed
if there is no supportive pediatrician available, and even if a psychologist
or psychiatrist is available, to deal with the importance of breastfeeding,
effects of abrupt weaning, etc.  If there is no mental health professional
available, then the IBCLC can attempt to get this type of testimony in.
Referring to the psych. parts of lactation materials can help.  However,
note that in some states health professionals, LCs, and Leaders may be
prohibited from dealing with ANY psychological issues at all.
        Leaders are the last choice for testifying.  The Courts generally
love witnesses with lots of initials after their names.  LCs often fit the
bill with this.  If a Leader thinks that she may want to testify, she needs
to clear it with League, and be prepared.  I am available to assist in any
of these cases.
        Often when the Leader or LC is asked to testify, the first question
she should ask is if there is someone else who would be better qualified.
Second is what the mother's attorney would want her to address.  It is not a
good idea to rely on just what the mother tells you; she may not know what
the real issues are in the case. It is important to know ahead of time -
FROM THE LAWYER - what is needed, so that you can prepare.  Keep in mind
that you cannot anticipate cross examination, and that your testimony is
expert - not as a lay fact witness.  You are not vouching for the mother's
parenting, but educating on the breastfeeding and separation issues.
        Keep in mind that we are not against fathers, or claiming that the
mother's bond is all that is important.  We are trying to get courts to
encourage and further the father's bond without destroying the mother's bond
and the breastfeeding relationship.  This means that the mother must be
willing to help her child love the father, and offer the maximum time
possible with him, rather than the minimum.  Short, frequent visitation,
gradually increasing as the child grows, is the best way to protect bonds in
these cases.  If short, frequent visitation is not possible for any reason,
then it may not be possible to avoid the more lengthy visitation the courts
will order.  They will not pick breastfeeding over a bond with the father,
thus the mother's job is to show the court how breastfeeding can be
protected while the father has a bond.  Children need a mommy and a daddy,
not just one or the other.

                                        Liz Baldwin

PS My first child called it 'Nin nin'. My second changed it to 'ninny'.
Elizabeth N. Baldwin, J.D.     Baldwin & Friedman, P.A.
Attorney specializing in breastfeeding and the law; Leader
E-mail:  [log in to unmask] -or-  [log in to unmask]
Internet Communications of America, Inc.