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Guardian ad Litem
Anonymous7 views5 answers
Can my exs attorney talk to the Guardian without me being present or the attorney telling me he's going to talk to the Guardian about particular things? I think he's been talking to him behind my back and I thought all of us needed to talk together and not exclude one.
In child related matters, the court has the power to appoint a "Guardian ad Litem" who makes an independent investigation and makes a report to the judge. Section 506 of the Illinois Marriage and Dissolution of Marriage Act provides that:
"the guardian ad litem shall testify or submit a written report to the court regarding his or her recommendations in accordance with the best interest of the child. The report shall be made available to all parties. The guardian ad litem may be called as a witness for purposes of cross-examination regarding the guardian ad litem's report or recommendations. The guardian ad litem shall investigate the facts of the case and interview the child and the parties."
This appointment of the Guardian ad Litem does not require all parties to be present during all phases of the investigation.
Michael Scott SchiffmanFamily Law AttorneyHinsdale, IL ·
There is no requirement that everyone be present when talking to the GAL, and there is no requirement that you be given notice of any such discussions. These requirements do apply when communicating with the Judge - not the GAL. From your questions is sounds as if you are not represented by an attorney. If a GAL has been appointed, you case is likely complicated - you really need to be represented by an experienced lawyer to protect your interests.
I agree with the other answers. There is no requirement that the GAL only speak to everyone all together. You can contact the GAL directly if you want to and have information the GAL may need or want. I further agree that if you are not represented by an attorney you should immediately seek out an experienced file law attorney. The fact that you assumed that conversations with the GAL need to be noticed and includes both sides shows that you don't know what you need to know and don't even know what you don't know. Most family law attorneys offer free consultations. For a custody matter you need your own attorney.
