interacting With Your gaL – practicing tips
Marital & Family law Section Chair : Rachael L . Rudin – Family First Law Group , PLC
Florida Statute § 61.403
outlines , “ A guardian ad litem when appointed shall act as next friend of the child , investigator or evaluator , not as attorney or advocate but shall act in the child ’ s best interest .” What does this really mean ? Navigating how we interact with our Guardian Ad Litem ( GAL ) can be confusing and often parents and children feel intimidated .
Family disputes create turmoil for the entire family , but for children it can be scary , perplexing and frustrating . The mistrust between parents can harm children and create additional fears with long-lasting impacts .
Often in contested cases involving children , the courts and counsel turn to a GAL to assist them in understanding the family and its dynamics . GALs are there to investigate and provide recommendations . Often counsel , parties , and children have improper expectations and a lack of understanding of the GAL ’ s role .
While the governing statute provides some guidance , it lacks the specificity necessary to guide the process . Here are five practical guiding principles to follow when interacting with your GAL :
1 . Craft the Order Appointing the GAL – Oftentimes counsel and the court will turn to a form order for the appointment . The order appointing the GAL can be a very useful tool . It can narrow the issues and can set limits for the investigation . It can also be used to waive hearsay to allow the GAL to report more effectively and allow the investigation to be conducted more efficiently . Once the GAL is chosen , involve the GAL in crafting the order . The GAL can provide language and problem-solve foreseen pitfalls while also being empowered in the process .
2 . Information Gathering – Remember that your GAL is stepping into your case with little to no knowledge of your family . Provide your GAL with a binder containing all the pertinent information to familiarize the GAL with the case . Timelines are very helpful .
3 . What Do We Tell the Kids ? – When I act as a GAL , I tell parents it is important to provide the kids with a brief explanation of why they are coming to speak with me . It is always helpful if parents reassure their children that the GAL is a safe person to talk to and , in order to help their parents make some
family disputes create turmoil for the entire family , but for children it can be scary , perplexing , and frustrating .
decisions , the GAL wanted to meet them . I always tell parents if there are toys or activities the kids like to let them bring those items to share with me .
4 . Be Patient with your GAL – Educate your clients that the GAL may not always be forthcoming during their investigation because the GAL must maintain neutrality through the process .
5 . The GAL is not the Judge – Your GAL does not have the authority to make the other side do anything . Only the Judge has the authority to make decisions . The GAL is there to make recommendations .
Remember , the GAL ’ s job is to keep the children central in their view of the case , and GALs are not there to give the parents advice or counsel . In summary , GALs are used as one of the many tools a court has in its toolbox in cases involving children . n
Author : Shirin Rustomji – Shirin Rustomji , P . A .
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