Sam Sorensen is an experienced and respected attorney, guardian ad litem, and special master in Utah. Today we’re breaking down Latin terms and legal jargon to help you understand when and why you may consider a GAL or special master in your custody battle over your kids.
What is a Guardian ad Litem (GAL)?
There are both public and private GALs. They are appointed by the court when there’s a high-conflict divorce or there are any issues of abuse. They are an attorney that represents the best interests of the children to the court. The parents pay the GAL fee; usually the parties split the fee. If you want a good GAL with experience, you’ll be paying a premium. Usually needed if there are any abuse or neglect allegations. Or if there is a special needs child. And it’s helpful for parents to hear things from a third party, especially if there is a dispute about the wishes of the child (ages 7-16 usually) for custody. Or if there is a lot of conflict with the parents of what to do about a difficult child or a child struggling to want to have parent time with a certain party. The GAL can help get to the bottom of why a child might be hesitant, or recommend therapy or a parent-time change.
What is a Special Master?
Does not have to be an attorney, but is a delegated court authority and needs to have some experience and knowledge about current legal considerations. The parties will agree to appoint a special master to be a third party to help solve disputes. Usually are able to rule faster than a court; they are a quasi-judge with certain authority from the court. Helpful to keep one of the parties from repeatedly dragging the other party back to court. Usually assigned after the case if there’s still conflict navigating the divorce decree. But choosing one is similar to choosing GAL; ask for referrals from respected attorneys to find out what special masters are respected by the court.
As a parent, what can you do to help your child prepare to meet with a GAL?
Let them know what’s happening and that the GAL is meant to help them. Reassure them that they can be open and honest. Make sure you’re not coaching or influencing or leading them on what to say.
What is Parental Alienation? And how can you deal with it?
Party makes child feel guilty for wanting to spend time with the other parent, use gatekeeping, etc. It’s not helpful to label a parent as this, and neither parent or GAL is qualified to diagnose that anyway. If there’s parent-child estrangement, both parents need to get into behavioral cognitive therapy, whether you’re the favored parent or not. It’s usually not completely the other parent’s fault. How can you take some responsibility and work on yourself to improve the situation?
As a parent, what should you look for in a GAL?
Somebody that has courtroom experience, understanding of the current social research and child psychology, legal knowledge of case law in divorce and custody. Someone that the commissioners respect the GAL’s opinion (ask for referral from a respected divorce attorney).
GAL mandatory reporting (and teachers, hospital staff, therapists): Child abuse, computer crimes, elderly abuse. Parents are not mandatory reporters by law. Probably best for parent to report things to the special master or GAL or therapist unless it’s abuse. Effect of a professional reporting will have a stronger implication than if a parent is reporting. At least for subsequent offenses.