What is a Court-Appointed Child Representative/Guardian Ad Litem?

In Illinois divorce and family law cases, Child Representatives and Guardians Ad Litem are routinely appointed by Domestic Relations judges on behalf of children and their best interests when, after mediation is attempted, divorcing and never-married parents are unable to reach complete agreements regarding the allocation of parental responsibilities (decision-making regarding the major issues of health care, religion, education, and extracurricular activities) and the allocation of parenting time (the annual parenting schedule). The following is an outline of the scope of the roles of Child Representatives and Guardians Ad Litem in Illinois divorce and family law cases, their objectives on behalf of children and their best interests in Illinois divorce and family law cases, and the challenges that they often face in executing their roles and achieving these objectives in Illinois divorce and family law cases.

Scope:

Child Representative:
- Interviews child, parties, and any necessary collaterals
- Advocates for child’s best interests but is not bound by child’s wishes
- Has attorney/client privilege
- May file pleadings on the child’s behalf if necessary
- Does not testify in court
- Encourages settlement and alternative dispute resolution
- Does not provide a formal written or oral report but issues a pretrial memorandum
Guardian Ad Litem:
- Interviews child, parties, and any necessary collaterals
- Does not have attorney/client privilege
- May not file pleadings on the child’s behalf
- Testifies in court if necessary
- Encourages settlement and makes settlement recommendations when necessary
- Provides a formal written or oral report if necessary

Objectives:

Best interest of the child standard
Facilitate settlement
Minimize tension and acrimony in high conflict cases
Provide mechanisms for dispute resolution

Challenges:

Appointed to the most difficult cases because the easy cases do not require us
Dealing with difficult/obstructionist personalities and diagnosed/undiagnosed mental health issues
Positional parents
Absent/unengaged parents
Abuse and domestic violence issues
Special needs issues
Payment/fee collection
Recurring pre-decree and post-decree litigation issues

To schedule a complimentary consultation regarding divorce and family law matters in Cook, DuPage, Kane, Lake, and Will counties, contact Attorney Jennifer Lavin at (312) 919-8857 or jll@lavinfamilylaw.com. For further information, please visit Attorney Jennifer Lavin’s website: www.lavinfamilylaw.com

Content provided by Women Belong member Jennifer Lavin