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How can I get a guardian ad litem disbarred for negligence to the child?
Anonymous2 views1 answers
If a guardian was assigned to a case where the top issue was alcohol and she allowed the child to stay in the environment and disregarded warnings from even a sibling of the father who knows he drinks/wife drinks all the time can you prove she was being negligent in her decision and was only following the wishes of the child, not the best interests of the child?
The role of the guardian ad litem is to vigorously represent the child's interests. He must report to the court if a child's wishes are in conflict with his opinion on what the best interest of the child is. Virginia has created "Standards To Govern The Performance of Guardians Ad Litem For Children," which sets out the responsibilities of guardians ad litem.
For public policy reasons, however, it is unlikely that a court would hold a guardian ad litem negligent. Most courts, including the 4th Circuit, have found that guardians ad litem fall under quasi-judicial immunity from lawsuits in order to protect them from dissatisfied parents in custody cases. You may be able to petition the court to have the guardian ad litem replaced if you can show that the current guardian ad litem has not met the required standards. If you have any concerns about the quality of service provided by the guardian ad litem, they should be addressed with the court, as guardians ad litem report to the court and not to any particular client.