Guardian ad Litem (GAL)
The GAL will investigate and issue a report to the court. GALs are often attorneys or former attorneys, and there will be fees attached. The most common arrangement is for parties to split the fees evenly, but you can request that an opposing party be financially responsible for a greater portion of the fees. You can also request the court to place a cap on GAL fees if your client is under-resourced.
Ask experienced Family Court attorneys in your area about GALs they recommend and their general fees. Non-attorney GALs typically have lower fees. If the parties cannot agree on GAL, the court will select one.
Make certain that your client understands the GAL is not their confidante or friend, but a court official reporting back to the court anything your client reveals. Instruct your client to cooperate with the GAL, but to call you with any GAL-related questions or concerns. The client could accidentally reveal privileged information when speaking directly with the GAL, and they will also incur costs with every conversation with the GAL.
Share pleadings and affidavits with the GAL and include the GAL when scheduling hearing and mediation dates. Help the GAL understand how the domestic violence may have affected your client. For example, a GAL may note that your client lacks a car and could have trouble getting the child to and from school. However, if you can point out that your client lacks an automobile due to the abuser’s concerted effort to exert control and limit your client’s freedom of movement, the lack of transportation will likely be perceived differently.