|
Guardian Ad Litem
When disputes arise regarding custody of minor children, courts will usually appoint a guardian ad litem (GAL) to represent the “best interests” of the minor child when these interests are being ignored by the parents. GAL’s will also be appointed when there are allegations of physical abuse or neglect, there has been significant parental alienation, one party has significant psychological, mental or emotion problems, or the child has certain viewpoints that must be independently expressed. A GAL can be requested by one party, by both parties, or appointed by the court automatically. It serves as the “eyes” of the court to assure that the child’s best interests are being represented.
A GAL should generally follow these "rules of thumb" if exercising their role:
1. A person acting as a GAL has the responsibility to pursue the lawsuit and account for any money that is recovered for damages.
2. Where a GAL is unsure of their role, they should contact the Master/Judge who made the appointment, but must inform the opposing party of their communication. That is, it should not be done ex parte.
3. Permission should always be granted from the opposing party's attorney to speak with the party.
4. If a person is not represented by a lawyer (i.e., they are representing themselves), communicate with them only in writing
5. Do not prepare a report unless ordered by the Court to do so
6. Never bring a child to the Court unless it has been pre-arranged with the Judge
7. Learn to communicate appropriately with your client
8. Contact neutral parties when necessary (i.e., Day Care providers, Teachers, Coaches, Doctors, Therapists, Parents of Friends)
9. Try to have equal contact with each parent and counsel where possible.
10. A GAL is a neutral party - he or she should not do anything that would make them a witness in the case
11. Work closely with mental health professional where necessary
12. GAL's should be "active listeners" by giving their full attention to the person who is speaking. That is, give the child a full opportunity to be heard without interruption. In general, avoid three impulses: (1) Breaking into your own story, (2) Analyzing the speaker's "true" motivations, or (3) Giving advice. A GAL can be the most effective as an active listener by doing the following:
* Paraphrasing important point into your own words (e.g., "you feel angry because all your free time is taken up with homework")
* Validation of emotions (e.g., "that must be very hard for you to deal with")
* Periods of silence when something important has been said or is about to be said
* Use of non-verbal communication such as tone of voice, facial expressions, and gestures
* Summarize what you have heard
The following are some additional "rules of thumb" when asking questions of children in the role of a GAL. Generally, questions addressed to children should be open ended and should not directly ask with which parent he or she would rather live. These types of questions can cause pain and confusion in the child. Here is a non-exhaustive list of some potential open-ended questions:
1. Tell me about what you do on the weekends?
2. What's it like at your mother's (or father's) house?
3. What happens at your pre-school?
4. How do you feel about moving to your new house
In most cases, the cost of the representation by the guardian ad litem is the responsibility of the parties involved in the litigation. If the minor child turns 18 while the suit is pending, the guardian ad litem terminates, but the case can still be pursued by the 18 year old.
Child custody issues:
|
