The Guardian Ad Litem’s Report - and Challenges.

Guardian Ad Litem Appointments 

A Guardian Ad Litem may be appointed to represent what he/she believes to be in the best interest of children in any family law case.  The appointment may be mandatory or it may be permissive. A mandatory appointment occurs e domestic abuse or endangerment has occurred. A  permissive appointment occurs when a Judge make the appointment on the request of a party or on its own. 

 

Guardian Ad Litem Responsibilities 

 

Once appointed,  a GAL  has the following responsibilities under Minnesota Statute 518.165:   

(1) conduct an independent investigation to determine the facts relevant to the situation of the child and the family, which must include, unless specifically excluded by the court, reviewing relevant documents; meeting with and observing the child in the home setting and considering the child's wishes, as appropriate; and interviewing parents, caregivers, and others with knowledge relevant to the case;

 

(2) advocate for the child's best interests by participating in appropriate aspects of the case and advocating for appropriate community services when necessary;

 

(3) maintain the confidentiality of information related to a case, with the exception of sharing information as permitted by law to promote cooperative solutions that are in the best interests of the child;

 

(4) monitor the child's best interests throughout the judicial proceeding; and

 

(5) present written reports on the child's best interests that include conclusions and recommendations and the facts upon which they are based.

 

Power of Recommendations

The power of a recommendation by a GAL should not be underestimated. generally, they are considered a neutral party in the case. They have had the time to make a more thorough investigation than a court can as part of a trial. As a result, judges tend to heavily defer to the recommendations of a GAL.  Though powerful, they are not unassailable 

 

A GAL's report and  recommendations can be contested at a trial by presenting compelling evidence that undermines confidnece in the process used, the weight given to the evidence and, ultimately the  findings made.

Challenging GAL Findings Through Cross-Examination

At a trial, each party  cross-examine the GAL on their credentials as a GAL, the process they used, and the weight that they placed on the evidence as part of their findings.    This can expose weaknesses or biases in the recommendations.

Maximizing Success in Disputing GAL Recommendations

Preparation prior to the issuance of a GAL report is key.  By presenting evidence to support your case to the GAL, a party creates an opportunity for challenge if that evidence is ignored or not given proper weight  as part of  the GAL's report. Being organized and detailed on all issues relevant to the best interests of the child can be critical. Your attorney can direct you on what evidence is often deemed the most compelling.  

The Importance of Skilled Legal Representation

Facing potential changes due to a GAL’s recommendations can be stressful. Although GAL recommendations carry substantial weight, they can be challenged. Skilled legal representation is essential to protect your  rights and the rights of your children .

For assistance with GAL disputes and to understand your legal options, contact Attorney Maury D. Beaulier  952-442-7722 for a free case evaluation.