My most rewarding assignment as a lawyer is when the Court appoints me to serve as a Guardian Ad Litem or attorney for the parties' children. Recently, my role as GAL came into direct conflict with the privilege against disclosing evidence of settlement negotiations. One of the parents filed an application for ex parte relief with regard to holiday parenting time that could not be resolved by prior agreement of the parties. I appeared at the place and time designated in the moving party's P.B. §4-5 papers seeking injunctive relief. The Court insisted on taking evidence on the ex parte application, and I was called to the stand by the moving party — the nonmoving party did not appear. The following exchange took place:
ATTORNEY: Was there a time when you stated that my client's position was in the children's best interests?
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