Do Judges Listen to the Guardian Ad Litem? In cases where both parties are represented by counsel, the judge must first determine that the minor child’s interests are otherwise not being represented before a guardian ad litem is even appointed. Even be appointed in the first placeĬontrary to popular belief and practice, the appointment of a guardian ad litem is not automatic. They must authenticate documents, abstain from offering hearsay evidence (as stated above), and they cannot use leading questions when examining a witness unless proper to do so. Violate the rules of evidenceĪ guardian ad litem is an attorney, and as such must conduct themselves in court subject to the same evidentiary rules that bind every attorney. Serve as a witnessĪ guardian ad litem may not be sworn in as a witness. This is strictly prohibited by the Rules of the Virginia Supreme Court governing the performance of guardians ad litem for children, as well as case law handed down by the appellate courts in Virginia. Their statements cannot be offered in a written report or by the guardian ad litem in their oral report to the court. Any statements made by 3rd parties such as teachers, counselors, or interested witnesses must come from those people in court. The appellate courts in Virginia are clear on the fact that a guardian ad litem cannot offer hearsay evidence. For example, they may not communicate directly to a party who is represented by counsel or knowingly offer false evidence. Here are five things that a guardian ad litem cannot do in a child custody case: 1. Violate the attorney rules of ethicsĪ guardian ad litem is an attorney and must follow all of the ethical rules that bind attorneys. It is not recommended that you challenge a GAL report without the help of a qualified attorney. ![]() ![]() Challenging a GAL report involves cross-examining them about their findings and recommendations. Challenging a Guardian Ad Litem ReportĪ guardian ad Litem is simply another witness, which means that their report can be disputed. Fortunately, that is not even remotely true.įacing a child custody case or other family law matter in Virginia? Contact the Suffolk family lawyers at Bush & Taylor, P.C. ![]() A guardian ad litem is appointed by the court to act as an independent investigator and make recommendations for the best interests of a child or person with a disability. Anyone who has been a party in a child custody case where the child’s guardian ad litem is against them must have had the impression that the guardian ad litem’s power is equal to that of the judge.
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