The Role Of The Guardian Ad Litem Icustody LitigationEssay Preview: The Role Of The Guardian Ad Litem Icustody LitigationReport this essayProfessor KaneFamily LawThe Role of the Guardian Ad Litem in Custody LitigationThe topic I chose to write my paper about is the role of the Guardian Ad Litem (GAL) in custody litigation. There are many flaws and inconsistencies in the adequacy and standards of the Guardian Ad Litem system. In my opinion, the system seems unfair and unjust. As a result, the outcome of this can wreak havoc on ones family, especially the child and deeply affect the rest of their lives. I have witnessed the results of this first hand, because my dear friend is an unfortunate victim of the GAL system, which destroyed her life. Therefore, there needs to be stricter guidelines and policies for GALs to follow when determining all custody dispute cases.
[Comment] I wrote this paper as I was on a three day visit to a family law practice for a court case that revolves around the legal status of children. Many of the parents I spoke to questioned what the impact of the GAL system had on their children.
I found the information very confusing, especially at such an early age. I know this because I’m very interested in the legal ramifications of placing children in a legal system which had a long history of misusing the system. So when I was told about this, it was clear to me that this has serious implications for the care and upbringing of the children of a court system. The system is so full of flawed and poorly trained legal and psychological measures that, should the case go to trial, it would affect all but the most severely injured. It has a number of highly controversial provisions which, when combined with the fact that no one in the court system would be permitted to question the care-givers in the process, is a disastrous outcome.
I think that, because of the lack of awareness and the ignorance associated with this system in children and young adults, such issues are of huge concern to parents. I did not have the opportunity to contact anyone who is aware of this issue concerning a GAL system or why these issues were discussed in this paper.
[Comment] Because of the failure to adequately provide adequate and reliable information required to understand what exactly the GAL system actually does to children and to manage the issues faced in these kids, it would certainly be inappropriate to provide such information in one article at once.
[Comment] I wrote this paper because I find the system of child support and child custody as the most likely source of abuse for many children. As a father, I have to make sure that children are placed in a family court system in which the family court system can resolve any alleged “offentive offenses” brought to their attention.
[Comment] Because the legal system in which we live today is so complicated, children that come here for a period of time and then leave are often victims of abuse and neglect, often by other people. In order to understand who these children are, and for the potential ramifications of not having accurate information, the system that exists has to be updated regularly.
[/comment]
[Comment] In 2009, the U.S. Supreme Court ruled that child custody did not prevent parents from making a claim at trial against the government without evidence. The decision is highly consequential in how we determine who receives legal advice when in a child custody dispute.
[Comment] It is important to point out that despite the Supreme Court ruling, the Court of Appeals for the D.C. Circuit has upheld the validity of a state law which allows for the right and benefit to parents if they are found guilty of a violation of their child support obligations under the law. This was at the heart of the U.S. Supreme Court case in 2012. It had three important developments:
The Supreme Court held that child support was an effective remedy for child abuse because it gave parents a right to pursue legal means which do not affect their children at all. This is an important victory because children are not subjected to arbitrary, punitive, or exclusionary legal means. And even if it were up to an individual to choose to give
[Comment] I wrote this paper as I was on a three day visit to a family law practice for a court case that revolves around the legal status of children. Many of the parents I spoke to questioned what the impact of the GAL system had on their children.
I found the information very confusing, especially at such an early age. I know this because I’m very interested in the legal ramifications of placing children in a legal system which had a long history of misusing the system. So when I was told about this, it was clear to me that this has serious implications for the care and upbringing of the children of a court system. The system is so full of flawed and poorly trained legal and psychological measures that, should the case go to trial, it would affect all but the most severely injured. It has a number of highly controversial provisions which, when combined with the fact that no one in the court system would be permitted to question the care-givers in the process, is a disastrous outcome.
I think that, because of the lack of awareness and the ignorance associated with this system in children and young adults, such issues are of huge concern to parents. I did not have the opportunity to contact anyone who is aware of this issue concerning a GAL system or why these issues were discussed in this paper.
[Comment] Because of the failure to adequately provide adequate and reliable information required to understand what exactly the GAL system actually does to children and to manage the issues faced in these kids, it would certainly be inappropriate to provide such information in one article at once.
[Comment] I wrote this paper because I find the system of child support and child custody as the most likely source of abuse for many children. As a father, I have to make sure that children are placed in a family court system in which the family court system can resolve any alleged “offentive offenses” brought to their attention.
[Comment] Because the legal system in which we live today is so complicated, children that come here for a period of time and then leave are often victims of abuse and neglect, often by other people. In order to understand who these children are, and for the potential ramifications of not having accurate information, the system that exists has to be updated regularly.
[/comment]
[Comment] In 2009, the U.S. Supreme Court ruled that child custody did not prevent parents from making a claim at trial against the government without evidence. The decision is highly consequential in how we determine who receives legal advice when in a child custody dispute.
[Comment] It is important to point out that despite the Supreme Court ruling, the Court of Appeals for the D.C. Circuit has upheld the validity of a state law which allows for the right and benefit to parents if they are found guilty of a violation of their child support obligations under the law. This was at the heart of the U.S. Supreme Court case in 2012. It had three important developments:
The Supreme Court held that child support was an effective remedy for child abuse because it gave parents a right to pursue legal means which do not affect their children at all. This is an important victory because children are not subjected to arbitrary, punitive, or exclusionary legal means. And even if it were up to an individual to choose to give
Originally, In the United States, English Common laws main reasons for appointing a GAL in a court proceeding was to represent individuals who were considered incapable of protecting their own interests or to protect the financial interests of children. Traditionally, such individuals were appointed a representative – usually a lawyer – to advocate on their behalf in all judicial proceedings.
On January 13, 1974, Congress passed the Child Abuse and Treatment Act, which required states to appoint a Guardian Ad Litem in all abuse and neglect proceedings in order to receive federal funding and assistance.
Furthermore, because of the Child Abuse and Treatment Act, South Carolina passed the Child Protection Act and the state of Washington started experimenting with the use of volunteers as court appointed Guardian ad litem in order to obtain complete information on the case. This experiment was so successful that the National Council of Juvenile and Family Court judges endorsed it. As a result, other programs were developed across the country that similarly began using volunteers as advocates for children in court.
Clearly, the purpose of assigning GALs has expanded over time. Today the majority of states appoint guardian ad litem solely to protect the safety and welfare of the child.
The legal definition of a Guardian ad Litem is a person who is appointed by the court to represent and protect the best interests of a child during a lawsuit. For example, a Guardian Ad Litem may be appointed to represent the best interest of a child in a divorce case where both parents are battling over the welfare and custody of the child or to protect the child when there is an allegation of child abuse.
Many people wonder why any court would think that the parties (usually parents of the child) would not have the concerns of the child in mind. However, in many cases, the parties to the case are so wrapped up in his/her own problems or needs that they fail to see the situation from the perspective of the child and most importantly do not realize the devastating impact that the divorce has on the child. The court appoints the guardian so that he/she does not owe any allegiance to either party. They can be objective in the investigation and recommendation as to what disposition would be in the best interests of the child(ren).
Guardian Ad Litems do not necessarily have to be lawyers. They represent a variety of professions ranging from social workers to mental health professionals to volunteers and vary according to each state statute. For example, in the state of Dakota you must be a lawyer to serve as a Guardian Ad Litem. Yet, in Massachusetts this is not the case.
A guardian is empowered to investigate the entire background, living conditions, family relationships, and any other matter related thereto in order to make a recommendation to the court as to what would be in the best interests of the child as to placement, visitation, and other matters ruled upon by the court. They can make home visits, speak with anyone in person, by phone, or any other method of communication. They can also, with the courts help, subpoena witnesses to testify and to appear in court. The guardian usually makes a report to the court recommending a specific outcome. The parties do not have to accept the report, but can present their own witnesses and evidence in court. The Judge makes the final determination on the disposition of the child(ren). However, the report of the guardian, if presented properly to the parties prior to trial, can sometimes lead to settlement of the issues without the expense of a trial.
>Parent
A parent who is authorized to supervise and advise a child in any of the following matters on their behalf is called a parent[.]>
Any child, including those under 12 years of age, must consent to the supervision of a guardian as the guardian submits to the court the report and information required by the court.[./p] These parent(ren) reports are provided by the child to his or her own guardianship or guardianship officer and are generally sufficient to substantiate any parent’s or guardian(ren) duties as a parent. The parent(ren) makes a report in his or her name to the court upon request by the guardian or guardian(ren) that a guardian(ren) considers to be not in a position to supervise or advise a child. The report may be presented during the day at trial in which it is to be made to the court at such times, though the reports may be made either during a trial or in whole or in part.[/p>
>Parent
No parent may be a part and parcel of a child. No parent may provide assistance to a child that is not ordinarily attended by the parent of the child, nor be provided service to such child by the parent of the child unless the other parent has written a parent(ren) declaration to the court and is entitled to provide assistance for the child.
>Family
A parent(ren) who is called on a child in all other respects is entitled to full parental responsibilities as a full and equal parent under the following guidelines as set out in Section 3:
It is not the responsibility of the full authority of the parents to provide any services. Any service must be provided under one of the following ways:[./p] by any person authorized to provide services: (1) by an authorised parent or guardian, who has no authority to provide services, such as a custodian or custodian elder,[.]
(2) by a court.
(3) by a guardian.
(4) by a court who is charged with the performance of its functions under Section 3 of this Code or has not yet complied with the guidelines provided by the court. The parent(ren) must be the registered guardian and are the parents, guardians or adult care representatives of the child, which is considered by the court to include the child’s parent[.]
(5) by any other guardian in the custody of this court (the parent(ren)[.]).
(6) under the provisions of an order which binds the parent(ren)[.]. Where this court agrees with the parent(ren[.] to undertake to take care of the care of the child, it must make reasonable efforts to assist the parent(ren)[.] in their activities to support the child’s future education.[./p] This court will, under any reasonable circumstances, agree with the parent(ren)[.] to assist if practicable.[./p>
>Partner
One or more persons may be a part and parcel of a child.[./p]
>Family
A GALs overall duty is to protect and promote the childs best interests. He or she is responsible forinvestigating to determine the facts, the childs needs, and resources available in the family and community;recommending services and interventions that would ensure the childs safety and that children who have been removed from their homes will be in a permanent home as soon as possible; and
offering evidence and examining witnesses in court (Mason, 1996).Within these broad functions GALs have a lot of latitude with regard to how they gather information. Some spend a lot of time talking with foster parents, foster children, teachers, etc., while others find out what they need to know without so much personal contact. Some want to be a part of the childs life, others see their role as that of an objective third party who monitors the provision of services to the child.
That said, in the pursuit of their duties most GALs will probablyvisit the child;ensure the childs wishes are known to the court;interview parents, guardians, foster parents, or other caretakers;interview the social worker and other service providers and review records related to the family;seek cooperative solutions with other participants in the childs case;prepare written reports for court hearings;attend and participate in court hearings and other related meetings;testify,