In re the Adoption of a Child by E.T. & T.T.

HUMPHREYS, J.A.D.,

concurring.

I agree that for the reasons stated in Part I of the majority opinion, “the principle of judicial estoppel requires that the law guardian’s application for fees be entertained.” See majority opinion, at 541, 695 A.2d at 738. Because this disposes of the appeal, I would not reach the important and sensitive issue determined in Part II of the majority opinion.

As the majority persuasively states, the “policy underlying the statutory preclusion [of counsel fees] is to avoid the chill that would result from placing excessive financial burdens on persons wishing to…