What Is a Guardian Ad Litem, And Do I Need One for My Case? (Part 2)
In Part 1 of this series, we covered What Is a Guardian Ad Litem, And Do I Need One for My Case sharing details of when one should be appointed and what to expect after appointment.
This blog covers how to address the finished GAL report, prepare for a hearing or trial, and how our state is working to better train GALs.
My GAL Has Finished Their Report, What Now?
A GAL’s report is simply recommendations and does not become an order of the Court unless a judge or commissioner implements it. If you agree with the GAL’s recommendations, sometimes you can seek to have those recommendations temporarily implemented before trial or settlement. Recommendations that can typically be implemented temporarily include parenting schedules and requests for evaluations or treatments for one parent, as those can be dispositive in a final settlement.
That means, when you receive the GAL’s final report, you need to decide whether to seek to implement their recommendations immediately or use them to support your request in settlement or trial.
How To Prepare for a Hearing to Implement the GAL’s Findings
Whether you agree or disagree with the GAL’s recommendations, it is helpful to prepare for a hearing regarding the GAL’s recommendations to review GALR 2 (https://www.courts.wa.gov/court_rules/pdf/GALR/SUP_GALR_02_00_00.pdf). This rule clearly defines a GAL’s responsibilities. If your GAL has followed these rules, it further supports implementing their recommendations. If the GAL has failed to follow some of these guidelines, that may strengthen an argument that you should not implement their recommendations.
Further, providing supporting evidence for your position is always helpful. If there was a professional your GAL did not interview or consider their opinion, you need to explain why and how that changes the basis for their recommendation. Remember, a court places a lot of weight on a GAL’s recommendation, so if you choose to challenge such a recommendation, you must be able to support your position.
How To Prepare for Trial with a GAL?
If you are trying to challenge a GAL report at trial, you will need to seek an expert before trial to review and analyze the report. Typically, an effective expert will have experience reviewing GAL reports and likely has clinical and forensic psychology training. Once they review the GAL report, they can determine whether they believe it was done adequately, followed the rules, and is in the child’s best interest. While this will be another expense, having another expert provide an opinion to the court is key if you are trying to challenge the GAL’s recommendations.
How Is Washington State Trying to Make Sure GALs Are Better Trained?
Currently, in Washington State, GALs are not required to have any professional experience in domestic violence or mental health issues. GALs are also not required to be attorneys, which some people believe is a helpful standard. While they must complete initial training to become a GAL, they have no recertification requirements, meaning people who became GALs a decade ago rely on the information they were trained on when they started.
Some counties set a higher bar, like Snohomish County. Attorneys applying for GALs in Snohomish County must have practiced law for five years and have family law experience. Non-attorneys must meet other qualifications, such as holding a bachelor’s degree in social work or a Washington mental health professional license, plus five years of relevant experience.
Some advocates in Washington state are pushing for requirements that people conducting custody evaluations in cases involving domestic abuse should be licensed mental health professionals with extensive knowledge of domestic and child abuse. However, smaller counties face additional challenges with this proposal, as they lack enough qualified professionals, even with lower standards, to fill these roles.
While advocates will continue to push for reforms on these professionals who could provide a critical recommendation in your family law case, experienced professionals recommend that if a GAL is appointed in your case, make sure their requirement to investigate is specific and nuanced, so that they can focus their resources on the issue most important to you.
The Family Law Attorneys at Beresford Booth have extensive experience will all types of family law matters. Contact our office at info@beresfordlaw.com or call (425) 776-4100, to see how we can help.