Section Newsletters

Articles on Guardian Ad Litem

Best Practices for Guardians ad Litem and Getting Paid By Christopher B. Smith & Leslie A. Wood Family Law, July 2023 Advocacy for guardians ad litem is constantly evolving, however, there are certain practices that are generally accepted throughout the state as best practices.
1 comment (Most recent July 18, 2023)
What’s a GAL to Do? The Debate Over GALs Filing Pleadings in Family Law Proceedings By Agnes Zielinski Olechno Family Law, February 2022 Section 506 of the Illinois Marriage and Dissolution of Marriage Act is silent on whether a guardian ad litem may file pleadings in a family law proceeding. 
Appointing a GAL? The Language You Use Is Important! By Hon. Donald Bernardi, (ret.) Bench and Bar, October 2020 A recent Illinois Supreme Court case suggests that both judges and practitioners ought to pay careful attention to the purpose of guardian ad litem appointment.
Guardian Ad Litem/Child’s Representative Fees: You Got Appointed, Now How Do You Get Paid? By Lisa M. Nyuli Family Law, September 2020 In the last few years, the legislature and courts have made an effort to ensure that guardians ad litem and child representatives are paid.
1 comment (Most recent September 23, 2020)
May a Guardian Ad Litem Under the Illinois Marriage and Dissolution of Marriage Act File Pleadings? By Gary L. Schlesinger Civil Practice and Procedure, August 2019 Guardians ad litem have the right and the duty to file pleadings to protect the interest of the ward.
Preserving Immunity for GALs in Juvenile Abuse Cases By Judge Martin Mengarelli Child Law, August 2019 In Nichols v. Fahrenkamp, the Illinois Supreme Court addressed the issue of quasi-judicial immunity for guardians ad litem.
Does a guardian ad litem have immunity in a minor’s guardianship proceeding? By Patrick Kinnally Trusts and Estates, March 2019 In Vlastelica v. Brend, the appellate court held that a child representative in a family law case enjoys absolute immunity from civil liability claims of legal malpractice, breach of fiduciary duty, and interference with a parent’s child custody rights.
Does a guardian ad litem have immunity in a minor’s guardianship proceeding? By Patrick Kinnally Civil Practice and Procedure, January 2019 In Vlastelica v. Brend, the appellate court held that a child representative in a family law case enjoys absolute immunity from civil liability claims of legal malpractice, breach of fiduciary duty, and interference with a parent’s child custody rights.
Guardian ad litem negligence By Gary L. Schlesinger & Rachael Bernal Civil Practice and Procedure, September 2018 In the recent case Nichols v. Fahrenkamp, the fifth appellate district decided a case involving negligence of a guardian ad litem in probate court.
Quis custodiet ipsos custodes? By Sherwin D. Abrams Trusts and Estates, August 2018 An analysis of the recent case Nichols v. Fahrenkamp.
2 comments (Most recent August 26, 2018)
Ethical concerns for guardians ad litem By Leslie Wood Child Law, December 2016 Though a party may request a GAL, only the court has statutory power to appoint a guardian ad litem. Depending on the type of case, a GAL appointment may be required by statute or local court rule, or may be appointed at the discretion of the court.
Mind your Ps and Qs: Some tips for interviewing kids By Michael W. Raridon Child Law, September 2016 The author, a GAL with more than 27 years' experience, shares his ideas for how to serve the best interests of the children.
What’s it really like to be a child’s representative? In-depth perspectives from experienced GALs By Marc A. Bangser Child Law, March 2016 Four experienced children's representatives share their wisdom and what they'd like to see changed about the system.
We need a statewide dialogue on the use of attorneys appointed to represent children By Treva O’Neill & Marilyn Longwell Child Law, September 2015 Judicial attitudes vary across the state as to whether and how to use GALs and child representatives—so what can we do to get judges to form a statewide consensus?
We need a statewide dialogue on the use of attorneys appointed to represent children By Treva O’Neill & Marilyn Longwell Family Law, September 2015 Judicial attitudes vary across the state as to whether and how to use GALs and child representatives—so what can we do to get judges to form a statewide consensus?
Guardian Ad Litem or Child Representative? Why lawyers and judges need to be more deliberate about designating role of attorneys representing children By Matthew A. Kirsh Family Law, October 2013 Attention to the designation of child representative or guardian ad litem can make a big difference in the quality of representation you are able to provide in a case.
The Second District gives lessons for the guardian ad litem By Lisa M. Nyuli Family Law, August 2012   The Second District Appellate Court recently issued its opinion in In re the Marriage of Petrik, and in so doing, provided several good rules and reminders for attorneys acting as Guardian ad Litem.  
10 best tips from a GAL perspective By Lisa M. Nyuli Family Law, May 2012 A list of tips of interest to GALs and attorneys representing the parties in custody, visitation and removal disputes.
1 comment (Most recent May 22, 2012)
The role of the Guardian ad Litem in litigation: Clearly unclear By Henry D. Kass, J.D. Child Law, December 2008 In a recent edition of the Family Law Bulletin, Thomas Else wrote about the role of the Guardian ad Litem in domestic relations litigation and argued that the role is quite defined.
The role of a Guardian Ad Litem in litigation: Not just a witness By Thomas A. Else, J.D. & Sean McCumber, J.D. Family Law, September 2008 The role a Guardian Ad Litem in custody litigation is sometimes confused as to whether the Guardian (GAL) may be allowed to both testify as a witness and to advocate on behalf of the children as an attorney participating in the litigation.
The role of the GAL in family law cases By Susan M. Brazas General Practice, Solo, and Small Firm, May 2008 In recent years, many circuit courts have made increasing numbers of appointments of Guardians Ad Litem in custody and visitation matters.
The role of the GAL in family law cases By Susan M. Brazas Child Law, May 2008 In recent years, many circuit courts have made increasing numbers of appointments of Guardians Ad Litem in custody and visitation matters.
Highlights of the Probate Guardian ad Litem Training Seminar Presented by the ISBA Bench and Bar Section By Enid Kempe Olsen Elder Law, February 2008 On November 2, 2007 the ISBA Bench and Bar Section presented a Probate Guardian ad Litem Training Seminar at the ISBA Regional Office.
Creating a collaborative atmosphere: Child Representatives, guardians-ad-litem, and attorneys for children By Ralla Klepak Child Law, December 2006 Children require and are entitled to quality representation by lawyers who are diligent, competent, insightful, and vigorous in their respective roles as advocates for the voiceless.
Pro bono corner By Michael G. Bergmann Child Law, September 2006 Each newsletter, this section will provide information on pro bono opportunities available throughout the State of Illinois that focus on children.
Representing the child in proceedings under the Illinois Marriage and Dissolution of Marriage Act By Melanie Caspi Women and the Law, February 2004 Section 506 of the Illinois Marriage and Dissolution of Marriage Act authorizes the court, on its own motion or by motion of either party, to appoint an attorney to represent the children "in proceedings involving the support, custody, visitation, education, parentage, property interest or general welfare of a minor or dependent child."
Letter to the editor Family Law, February 2003 I am responding to Scott Colky's article entitled "The Child Representative Statute is Unconstitutional."
Illinois State Bar Association Task Force on Attorneys for Minor Children By Robert K. Downs & John T. Phillips Family Law, June 1999 In the past 10 years the general public and the legal community have become much more sensitive to the issue of children's involvement in the legal system in the areas of divorce, custody, visitation, support and paternity.
Guardian ad litem immunity in Illinois child protection proceedings By Diane Geraghty Child Law, February 1999 Illinois law requires the appointment of a guardian ad litem (GAL) in all child abuse or neglect cases filed in juvenile court. 705 ILCS 405/2-17(1)(a) (1988).

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