Guardian ad litem (GAL) refers to an individual appointed or approved by the Court representing the best interest of a minor or a person who lacks individual legal capacity to make decisions in a legal proceeding. Although uncommon, guardian ad litem cases do come up in family law matters and it can be important to understand the purpose and use of a GAL.
Definition
Legally, a Guardian ad litem refers to an individual appointed by the court representing the best interests of a minor child (or an individual who is legally incapacitated), whether that be in a legal proceeding for dissolution, custody, abuse, neglect, parental rights, etc. A GAL has the responsibility to protect the interest of the minor or legally incapacitated person. For family law, GAL is primarily utilized to represent the best interests of a minor child.
The Legislative Intent and Purpose Behind GAL
The legislative intent behind GAL is to ensure that all individuals who lack legal capacity or who are minors have a voice and that their interests are individually considered and weighed by the Court. It is essentially a safeguard to prevent individuals from being overlooked or for concerns to be brushed under the table and left unaddressed because they do not have the capacity or the ability to represent their interests to the Court.
Who Can Be a GAL?
Any qualified adult can represent the child, so long as they are not a party in the case. The party must be at least 18 years old and be approved by the court.
An attorney can also serve as a GAL for a minor, so long as they are not acting as the attorney in the matter. They can only be either the GAL or the attorney for the minor, not both.
Sometimes a parent will qualify, and the court will approve them as a GAL. However, this is unlikely and will only occur if there are no conflicts of interest between the parent and the case. For GAL in family law matters, most of the time Parents are conflicted out.
When a GAL is not found to represent the minors by either the parents or the parties to the matter, the Court will appoint a guardian ad litem, typically an attorney, to represent the child’s best interest. The Court may also appoint a GAL on its own if there is a minor involved in the proceeding that requires an adult stand-in to represent the minor’s best interest, or if there are threats to the child’s well-being warranting an intervention by the court.
Power and Authority of a GAL
GAL stands in the shoes of an incapacitated or minor individual. Thus, they essentially have the power to compromise, settle, agree, satisfy, or release any claim made on behalf of the individual. This includes entering into legal agreements that the party lacking legal capacity is bound to.
GAL in Domestic Violence Matters
GALs are uncommon, however when these cases do arise, they often arise when there are accusations of abuse or neglect, or there is a pending request for a Restraining Order. A minor, for purposes of domestic violence requests, is anyone below the age of 12. Minors seeking a Domestic Violence Restraining Order to protect themselves must be accompanied by a GAL to seek a Domestic Violence Restraining Order against an individual.
Conclusion
If a GAL is appointed or recommended by the Court for either your minor child or an incapacitated family member, do not worry! It is essentially a protection measure for the Court to ensure your loved one has a voice in legal proceedings and that their interests are being accurately depicted to the court, without bias or influence.
At Butler Law, PC, we provide expert guidance, compassionate support, and strong advocacy every step of the way.