This section contains the nature of the case and procedural background.

Eileen (W) and H were married on October 25, 1975. In December 1992, W filed a complaint for a divorce. H filed a counterclaim for a divorce. Both parties filed motions pending the divorce, with each seeking the primary residence of their three children: Carissa Noel Miller, age 14; Nicholas Russell Miller, age 11; and Dylan Patrick Miller, age 9. The court appointed a guardian ad litem for the three children. Charles L. Robinson, a psychologist, prepared a psychological evaluation of the parties and the children. All three children rejected the opportunity to speak with Robinson or the guardian alone. In January 1994, Robinson submitted a report recommending that all three children's primary residence be with H. Robinson noted in his report W's stated intention to move to Connecticut. He also noted that Nicholas had expressed a preference to live with his mother. The Guardian submitted her report, which also recommended that all three children maintain their primary residence with H. In May 1994, attorney Margaret Semple received a phone call from Nicholas Miller seeking legal representation for himself and his siblings in his parents' pending divorce. Semple agreed to represent all three children on a pro bono basis. In July 1994, the Miller children filed a motion to intervene in their own names and to be represented by legal counsel. H opposed the children's motion, as did the guardian. The children's motion to intervene was granted. H filed this interlocutory appeal.

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