Whatcom guardian ad litem charged with lying under oath during divorce case
A guardian ad litem has pleaded not guilty to allegedly lying about inquiring about children’s welfare during a Whatcom County divorce case, after the children’s father complained to law enforcement.
Nicole Kristen Davidson, 41, of Wenatchee, was charged Jan. 15 in Whatcom County Superior Court with three counts of felony first-degree perjury.
Her jury trial is tentatively scheduled for April 26 after she pleaded not guilty in mid-February, according to court records. She is required to report to the Whatcom County Jail for booking and release by no later than March 19, court records state.
A guardian ad litem is an individual appointed by the court to represent the best interests of a child or incapacitated person involved in a case in Superior Court.
Davidson was a registered guardian ad litem for domestic relations cases in Whatcom County. She is currently on the pre-approved registry maintained by the county, but is listed as inactive until further notice, according to public records.
Davidson has been a guardian ad litem in Whatcom County since 2007, according to public records. A guardian ad litem is required to have certain education, training and experience requirements, as well as abide by the guardian ad litem code of conduct.
In March 2020, Davidson was reported by a man to the Whatcom County Sheriff’s Office for allegedly making false statements as a guardian ad litem during a divorce case involving the man, according to court records.
The man gave the sheriff’s office a packet of information that contained alleged lies and inappropriate actions Davidson allegedly made while handling the man’s divorce case, the records show.
During the divorce proceedings in 2018, Davidson testified under oath at a hearing determining what was best for the children that her assistant sent a court file to a legal services company that mismanaged the files. She also testified about her contacts with medical professionals regarding the health of the children, court records show.
In the files collected by the man, he shared emails with the sheriff’s office that stated that the legal services company didn’t have Davidson’s court file, and that she never contacted the medical professionals about the children’s health, the records state.
Similar inquiries made by a sheriff’s detective revealed that there were no records of Davidson ever speaking to the medical professionals about the children or that some of the medical clinics were authorized to talk with Davidson about the children, the court records show. The detective also found that Davidson’s statements about the legal services company mismanaging her files were allegedly untrue, the court records state.
“The hearing was to determine what was best for these children, and Davidson’s opinion as (guardian ad litem) was central to that determination, making her actions and the basis for her opinion’s material to the hearing,” the court records state.
The sheriff’s office has not received other complaints about Davidson and had sent their investigation of her to the prosecutor’s office for review, according to Chief Deputy Kevin Hester with the sheriff’s office.
It’s unclear how many cases Davidson has handled as a guardian ad litem in Whatcom County, but she has been registered as a working guardian ad litem for more than a decade, according to Whatcom County Superior Court Administration Director Dave Reynolds.
While complaints about guardian ad litems are not public records, Reynolds said any similar accusations about Davidson would be reviewed and investigated by a law enforcement agency.
Whatcom County Prosecuting Attorney Eric Richey declined to comment on whether other cases Davidson had handled as a guardian ad litem are being investigated.
