GAL vs. Child Rep
If you are divorcing and have children – a Child Representative (Child Rep) or Guardian Ad Litem (GAL) may be assigned at the court’s discretion to act on behalf of the minor children. Child Reps and GALs are licensed attorneys that serve as independent legal counsel for children. The parents are typically responsible for the fees the child advocates incur for their representation.
As a Chicago divorce attorney, my clients often ask me what the difference is between a Child Rep and a GAL? The differences may appear subtle…but they can be significant.
A GAL is assigned to act as an advocate for the minor children. The GAL investigates the facts of the case, interviews the children and the parties. After the investigation, the GAL generally submits a written report to the court sharing her/his recommendations regarding what is in the best interests of the children in this specific case. The report is available to all of the parties. Also, the GAL may be called as a witness to testify about their findings and for purposes of cross-examination of the recommendations contained in their report.
The Child Rep’s role is also to advocate what is in the best interests of the child. Like the GAL, the Child Rep interviews the children and the parties and investigates the facts of the case. The Child Rep also tries to encourage settlement and alternative forms of dispute resolution. The Child Rep possesses all of the powers of a GAL.
A significant difference between the two, however, is that the Child Rep does not render an opinion or provide a report to the court regarding the children. Rather, a Child Rep may participate in the proceedings by offering evidence based legal arguments as to what is in the best interests of the child.
Prior to trial, the Child Rep may disclose his/her position as to what he/she intends to advocate – however, his/her position may not be considered as evidence. Rather, it is considered by the court and the parties as the position of the Child Rep for purposes of settlement.
Legal issues such as the one above can be complicated and require further discussion. If you have any additional questions regarding divorce or the roles of child advocates, please do not hesitate to contact me.
Michael C. Craven is a well-known divorce attorney in Chicago, CPA and a partner of the law firm, Beermann Pritikin Mirabelli Swerdlove LLP located in the Chicago area. He is highly respected among other divorce attorneys, judges and his clients. He also holds a Master of Tax Law Degree (LLM). For more information about his services, contact Michael at mccraven@beermannlaw.com or at Divorce Lawyers Chicago