Jennifer Sullivan
Guardian ad Litems (GALs) are increasingly being used in family law cases to assist the parties, attorneys, and courts in crafting a custody and parenting time plan that works for the minor children, who are profoundly affected by the dissolution of the family as they have always known it.
Below are bullet points to assist family practitioners in deciding when it’s appropriate to ask the court to appoint a GAL, how to work most effectively with the GAL, and how to work most efficiently with the GAL.
—————
What kinds of family cases generally require a GAL
• High-conflict custody or parenting-time disputes where parental positions are entrenched;
• Cases involving allegations of abuse, neglect, domestic violence, substance use, cognitive or mental-health concerns, or parental alienation;
• Complex family dynamics (multiple households, third-party caregivers, unusual schedules) or contested relocation;
•Cases where neutral investigation and a single, court-credible narrative can facilitate settlement.
—————
The role of the GAL
• Before engaging a GAL, clarify to your client what the role of the GAL is (and isn’t).
• The GAL’s primary role is to investigate and recommend what they believe is in the child’s best interests.
• Emphasize that the GAL’s mission is the child’s best interests – it’s not to “side” with either parent. The GAL will interview the child, parents, others; review records; and submit a written recommendation.
—————
Explain the benefits to clients of a GAL
• Independent investigation: a GAL can collect school, medical, mental-health, and collateral information the court might otherwise lack.
• Credible, neutral voice: courts often view a GAL’s findings as a balanced third-party assessment.
• Child-focused framing: a GAL centers decisions on the child’s needs rather than parental positions.
—————
How to prepare your client for a GAL’s process
• Interview conduct: coach the client to be calm, truthful, and concise. Discourage coaching the child, volunteering unasked-for gossip, or making inflammatory statements about the other parent. Remind clients that what they say may be summarized in a report.
• Records and permission: tell clients to gather relevant records (school, medical, mental-health, police, CPS, work schedules) and be prepared to sign releases. Discuss whether to withhold any records and the likely consequences.
• Child interviews: set expectations about the GAL interviewing the child (where, for how long, whether parent present). If the child is to be interviewed, prepare the parent to avoid discussing the interview with the child or trying to influence answers.
• Confidentiality: make clear which communications may be privileged (e.g., communications with the child’s attorney) and which likely are not (GAL interviews). Advise clients to treat GAL interviews as not privileged unless you confirm otherwise.
—————
Cost allocation, retainers, and fee disputes
• Set expectations early: explain likely ranges of GAL fees and the potential for additional evaluations (psych, substance-testing, school assessments).
• Stipulate to cost-splitting if reasonable: where both parties will benefit from the services of a GAL, propose a pro rata sharing of the GAL’s fee, with any disputed allocations decided by the court.
• Retainer language (suggested elements for a client retainer or stipulation with opposing party):
— Scope of work to be performed (investigation, interview(s), records review, written report, possible testimony).
— Estimated fee and hourly rate, billing increments, and what services are included/excluded (e.g., travel, copies, expert tests).
— Payment schedule and consequences of nonpayment (suspension of work, court notice).
— Timetable for completion and process for reasonable extensions.
— Confidentiality and filing expectations: that the GAL’s report will be filed with the court and served on counsel.
—————
How lawyers can facilitate a good experience with a GAL – Remember, the court may appoint a GAL without the client’s permission/request
• Early cooperation: offer records, a witness list, and proposed questions or areas of inquiry that reflect legitimate concerns. This builds credibility and may steer the inquiry to relevant topics.
• Centralize records: create an indexed binder or digital folder of school, medical, and other records for the GAL.
• Define scope: negotiate a clear, written scope (e.g., parental fitness, parenting-time recommendations, need for special education evaluation) and timelines.
• Maintain professional boundaries: be courteous but protect your client’s interests. Provide information but avoid ex parte communications about contested legal issues.
• Clarify methodology: ask the GAL about their investigative steps (who they will interview, what records they will review, whether they will rely on third-party assessments) and timeline.
• Stipulations to limit expense: consider stipulating to certain records’ authenticity or to joint authorizations to avoid duplication and reduce costs.
—————
Ethical and procedural reminders for attorneys
• No ex parte efforts about substantive issues: do not attempt to influence the GAL’s investigative conclusions by undisclosed communications about contested facts. If you must provide records or clarifications, do so on the record or copy opposing counsel.
• Preserve privilege carefully: communications with a retained expert or child’s attorney may be privileged; communications with a court-appointed GAL typically are not. Advise clients accordingly and confirm privilege status early.
• Candor to the tribunal: correct known errors in pleadings and ensure your client doesn’t make false factual submissions to the court or GAL.
• Conflicts and impartiality: check for conflicts (prior representation, financial interest, relationships with the court) and disclose/waive as appropriate.
—————
Practical checklists and templates
• Client-prep checklist before a GAL interview:
— Gather: school records, IEPs/504 plans, medical/mental-health records, police/CPS reports, prior court orders, OS employment/scheduling documentation.
— Identify people for GAL to contact and provide contact information: teachers, pediatricians, therapists, daycare staff, grandparents, coaches, employer/supervisor, neighbors who have regular contact, and any previous caregivers.
— Documentation to bring to the interview/meeting with the GAL (or to provide promptly):
• Recent report cards, attendance records, IEP/504 plans.
• Current medication lists and recent medical/mental-health summaries.
• Police/CPS reports, protection-from-abuse orders, criminal case info.
• Work schedules, childcare schedules, travel plans, and prior parenting-time calendars.
• Prior court orders, parenting-time evaluations, prior GAL or custody evaluations, and any substance-use testing results.
• A short, dated chronology of key events from your client’s perspective (dates, witnesses, documents)
— Communications guidance:
• Advise client not to coach the child, not to rehearse answers, and not to discuss the GAL interview with the child afterwards.
• Tell client to be truthful and concise; document concerns but avoid speculative or inflammatory accusations.
Listed below are some sample child interview questions (by developmental stage) to help you inform your client of what to expect. These are sample questions/prompts for GALs. If you
want to suggest questions to the GAL, ensure they’re age-appropriate, culturally sensitive, and consistent with any child-counselor input. And keep in mind that the GAL is not obligated to ask any particular question and has the discretion to ask what the GAL believes is appropriate and relevant.
• Preschool (ages ~2–5)
— Where do you live? Who lives with you?
— Where do you sleep at Mom’s house? At Dad’s house?
— Who puts you to bed? Who helps you get dressed?
— Who do you feel scared of? Who makes you feel safe?
— What do you like to do with Mom? With Dad?
• Elementary (ages ~6–11)
— Tell me what a typical weekend looks like at each home.
— Who takes you to school or activities? Who helps with homework?
— Do you have a favorite place to be with Mom/Dad? Why?
— Has anyone told you anything about court or the other parent you didn’t like?
— Who do you talk to when you’re sad or worried?
• Adolescents (ages ~12+)
— Tell me how decisions about your schooling, health care, and activities are made.
— How do you get along with each parent? With step-family members?
— Do you want to live mostly with one parent? Why?
— Have you ever felt pressured to take sides? Explain.
— Has anyone tried to influence what you tell adults or professionals?
—————
Jennifer Sullivan is the Sole Proprietor of Sullivan Family Law, PLLC, handling domestic and probate cases.She can be contacted at jensullivanesq@gmail.com or by calling (734) 550-1060.
The column is reprinted with permission from the Washtenaw County Bar Association newsletter Res Ipsa Loquitur.
Below are bullet points to assist family practitioners in deciding when it’s appropriate to ask the court to appoint a GAL, how to work most effectively with the GAL, and how to work most efficiently with the GAL.
—————
What kinds of family cases generally require a GAL
• High-conflict custody or parenting-time disputes where parental positions are entrenched;
• Cases involving allegations of abuse, neglect, domestic violence, substance use, cognitive or mental-health concerns, or parental alienation;
• Complex family dynamics (multiple households, third-party caregivers, unusual schedules) or contested relocation;
•Cases where neutral investigation and a single, court-credible narrative can facilitate settlement.
—————
The role of the GAL
• Before engaging a GAL, clarify to your client what the role of the GAL is (and isn’t).
• The GAL’s primary role is to investigate and recommend what they believe is in the child’s best interests.
• Emphasize that the GAL’s mission is the child’s best interests – it’s not to “side” with either parent. The GAL will interview the child, parents, others; review records; and submit a written recommendation.
—————
Explain the benefits to clients of a GAL
• Independent investigation: a GAL can collect school, medical, mental-health, and collateral information the court might otherwise lack.
• Credible, neutral voice: courts often view a GAL’s findings as a balanced third-party assessment.
• Child-focused framing: a GAL centers decisions on the child’s needs rather than parental positions.
—————
How to prepare your client for a GAL’s process
• Interview conduct: coach the client to be calm, truthful, and concise. Discourage coaching the child, volunteering unasked-for gossip, or making inflammatory statements about the other parent. Remind clients that what they say may be summarized in a report.
• Records and permission: tell clients to gather relevant records (school, medical, mental-health, police, CPS, work schedules) and be prepared to sign releases. Discuss whether to withhold any records and the likely consequences.
• Child interviews: set expectations about the GAL interviewing the child (where, for how long, whether parent present). If the child is to be interviewed, prepare the parent to avoid discussing the interview with the child or trying to influence answers.
• Confidentiality: make clear which communications may be privileged (e.g., communications with the child’s attorney) and which likely are not (GAL interviews). Advise clients to treat GAL interviews as not privileged unless you confirm otherwise.
—————
Cost allocation, retainers, and fee disputes
• Set expectations early: explain likely ranges of GAL fees and the potential for additional evaluations (psych, substance-testing, school assessments).
• Stipulate to cost-splitting if reasonable: where both parties will benefit from the services of a GAL, propose a pro rata sharing of the GAL’s fee, with any disputed allocations decided by the court.
• Retainer language (suggested elements for a client retainer or stipulation with opposing party):
— Scope of work to be performed (investigation, interview(s), records review, written report, possible testimony).
— Estimated fee and hourly rate, billing increments, and what services are included/excluded (e.g., travel, copies, expert tests).
— Payment schedule and consequences of nonpayment (suspension of work, court notice).
— Timetable for completion and process for reasonable extensions.
— Confidentiality and filing expectations: that the GAL’s report will be filed with the court and served on counsel.
—————
How lawyers can facilitate a good experience with a GAL – Remember, the court may appoint a GAL without the client’s permission/request
• Early cooperation: offer records, a witness list, and proposed questions or areas of inquiry that reflect legitimate concerns. This builds credibility and may steer the inquiry to relevant topics.
• Centralize records: create an indexed binder or digital folder of school, medical, and other records for the GAL.
• Define scope: negotiate a clear, written scope (e.g., parental fitness, parenting-time recommendations, need for special education evaluation) and timelines.
• Maintain professional boundaries: be courteous but protect your client’s interests. Provide information but avoid ex parte communications about contested legal issues.
• Clarify methodology: ask the GAL about their investigative steps (who they will interview, what records they will review, whether they will rely on third-party assessments) and timeline.
• Stipulations to limit expense: consider stipulating to certain records’ authenticity or to joint authorizations to avoid duplication and reduce costs.
—————
Ethical and procedural reminders for attorneys
• No ex parte efforts about substantive issues: do not attempt to influence the GAL’s investigative conclusions by undisclosed communications about contested facts. If you must provide records or clarifications, do so on the record or copy opposing counsel.
• Preserve privilege carefully: communications with a retained expert or child’s attorney may be privileged; communications with a court-appointed GAL typically are not. Advise clients accordingly and confirm privilege status early.
• Candor to the tribunal: correct known errors in pleadings and ensure your client doesn’t make false factual submissions to the court or GAL.
• Conflicts and impartiality: check for conflicts (prior representation, financial interest, relationships with the court) and disclose/waive as appropriate.
—————
Practical checklists and templates
• Client-prep checklist before a GAL interview:
— Gather: school records, IEPs/504 plans, medical/mental-health records, police/CPS reports, prior court orders, OS employment/scheduling documentation.
— Identify people for GAL to contact and provide contact information: teachers, pediatricians, therapists, daycare staff, grandparents, coaches, employer/supervisor, neighbors who have regular contact, and any previous caregivers.
— Documentation to bring to the interview/meeting with the GAL (or to provide promptly):
• Recent report cards, attendance records, IEP/504 plans.
• Current medication lists and recent medical/mental-health summaries.
• Police/CPS reports, protection-from-abuse orders, criminal case info.
• Work schedules, childcare schedules, travel plans, and prior parenting-time calendars.
• Prior court orders, parenting-time evaluations, prior GAL or custody evaluations, and any substance-use testing results.
• A short, dated chronology of key events from your client’s perspective (dates, witnesses, documents)
— Communications guidance:
• Advise client not to coach the child, not to rehearse answers, and not to discuss the GAL interview with the child afterwards.
• Tell client to be truthful and concise; document concerns but avoid speculative or inflammatory accusations.
Listed below are some sample child interview questions (by developmental stage) to help you inform your client of what to expect. These are sample questions/prompts for GALs. If you
want to suggest questions to the GAL, ensure they’re age-appropriate, culturally sensitive, and consistent with any child-counselor input. And keep in mind that the GAL is not obligated to ask any particular question and has the discretion to ask what the GAL believes is appropriate and relevant.
• Preschool (ages ~2–5)
— Where do you live? Who lives with you?
— Where do you sleep at Mom’s house? At Dad’s house?
— Who puts you to bed? Who helps you get dressed?
— Who do you feel scared of? Who makes you feel safe?
— What do you like to do with Mom? With Dad?
• Elementary (ages ~6–11)
— Tell me what a typical weekend looks like at each home.
— Who takes you to school or activities? Who helps with homework?
— Do you have a favorite place to be with Mom/Dad? Why?
— Has anyone told you anything about court or the other parent you didn’t like?
— Who do you talk to when you’re sad or worried?
• Adolescents (ages ~12+)
— Tell me how decisions about your schooling, health care, and activities are made.
— How do you get along with each parent? With step-family members?
— Do you want to live mostly with one parent? Why?
— Have you ever felt pressured to take sides? Explain.
— Has anyone tried to influence what you tell adults or professionals?
—————
Jennifer Sullivan is the Sole Proprietor of Sullivan Family Law, PLLC, handling domestic and probate cases.She can be contacted at jensullivanesq@gmail.com or by calling (734) 550-1060.
The column is reprinted with permission from the Washtenaw County Bar Association newsletter Res Ipsa Loquitur.
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