What Is a Guardian Ad Litem, And Do I Need One for My Case? (Part 1)
A Guardian ad litem or ‘GAL’ is a neutral third party appointed by the Court in a dissolution action to be the voice for the children and help investigate any concerns. The GAL will write up a report after doing an investigation and make recommendations to the Court. The Court is the ultimate decision maker, but they often weigh the GAL’s opinions heavily. Furthermore, after appointment, a GAL becomes a party to the case and participates in all subsequent litigation.
For example, in a typical custody case where each parent has different ideas about what is best for their child, the Court may appoint a GAL to learn more about each family’s situation. The GAL might interview both parents, talk to teachers or relatives, observe home life, and review relevant records. Based on this investigation, the GAL could recommend a parenting plan to the Court, such as where the child should live during the week and what kind of schedule works best, with the child’s well-being as the main priority.
When Should A GAL Be Appointed?
Typically, if your case involves allegations of substance abuse, domestic violence, or sexual abuse, a GAL may be instrumental in making a recommendation to the Court about who should have more time with the children, what a parenting schedule looks like, if there should be any restrictions on either parent, the children’s preferences, and more.
A GAL may be appointed at no cost to the parties under limited circumstances; however, most people will have to pay out of pocket for their GAL. Many GAL’s retainers range from $1,250 to $6,000, but completing a case can cost much more. This is why determining if a GAL is necessary in your case is important, as you may already be paying for an attorney and a GAL may be an expense that both parties cannot shoulder. Another consideration is the timing. There are a limited number of certified GALs, and many of them are very busy. Sometimes a GAL can take 1+ years to interview and complete their report, which may be unhelpful to parties who want to expedite the process. A link to current GAL’s with their qualifications and retainer amount is attached below for ease of reference:
https://snohomishcountywa.gov/1441/Guardian-ad-Litem-GAL#docaccess-3c497f9cbbe704cdf25f6ff56eaa0dba
What Can I Expect After A GAL Is Appointed?
If a GAL conducts a proper investigation, they should review all the court records, contact your witnesses, interview you and the other side, and conduct home visits. To prepare for this, it is helpful to put all your records in an easily accessible place for the GAL to review. The most helpful records usually include recent school records and report cards, medical and dental records for your children, police reports if any exist, proof of counseling or therapy for you or your children, copies of communication between you and the other parent (such as texts, emails, or call logs), and relevant photos showing living conditions, family events, or any concerns. You may also want to provide lists of people the GAL can contact, such as teachers, coaches, or close family members who have firsthand knowledge of your child’s well-being. Furthermore, if you have any additional information that has not been filed, but that may be helpful to the Court, that can be provided as well.
For the GAL interview, you want to show a realistic day with your child. If that means going to the park or doing homework, those are all things the GAL wants to see. They want to observe your real bond with your child. Remember, the best thing you can do is to be yourself and encourage your child to do the same. Children can sometimes feel nervous about meeting someone new, so you might help them feel comfortable by letting them know that the GAL is just there to learn about their life and make sure they are okay. Keeping routines as normal as possible on the day of the visit can help everyone relax. Further, it is not helpful to try and coach your child or tell them what to say to the GAL. This can be an easy catch and lead the GAL to question what you are hiding.
While the GAL process can feel overwhelming, our hope is that, with more information, you can approach the situation better informed and more effectively. Part two will cover how to address the finished report, how to prepare for a hearing or trial, and how our state is trying to make sure GALs are better trained.
The family law lawyers at Beresford Booth have extensive experience dealing with all types of family law matters. Please contact us at info@beresfordlaw.com or (425) 776-4100 to see how we can help.