Guardian ad Litem in Family Law Cases
Evidence Admissibility in Family Law Cases:
Guardian
ad Litem
Issues
Tiffany M. Bentley, Esq.
April 7, 2021
What is a Guardian
ad Litem
?
G.L. c. 215, § 56A: Any judge of a probate court may
appoint a guardian ad litem to investigate the facts of any
proceeding pending in said court relating to or involving
questions as to the care, custody or maintenance of minor
children …. Said guardian ad litem shall, before final
judgment or decree in such proceeding, report in writing
to the court the results of the investigation, and such
report shall be open to inspection to all the parties in such
proceeding or their attorneys….
How do you get a Guardian
ad Litem
appointed?
•
Know your judge
•
Category E vs. Category F
•
Identification / Selection
•
Costs
So you have a Guardian
ad Litem
Report –
What happens next?
•
Settle the case!
•
Motion to Implement Recommendations
•
Discovery
Subpoena file materials
Deposition
Preparing for Trial with a Guardian
ad Litem
•
Motion to Update Report/
Recommendations
•
Motion to Strike
The Guardian
ad Litem
Report as a Trial
Exhibit: Right to Cross-Examine
•
Again, know your judge
•
Gilmore v. Gilmore
, 369 Mass. 598 (1976)
•
Churilov v. Churilova
, 91 Mass.App.Ct. 1105 (2017)
The Guardian
ad Litem
Report as a Trial
Exhibit: Hearsay
•
Mass. Guide to Evidence, § 1115
•
Adoption of Sean
, 36 Mass.App.Ct. 261 (1994)
Cross-Examination of the Guardian
ad Litem
at Trial
•
GAL standards
•
Prejudice / bias
•
Misconstrued evidence / assumptions
Questions?
Exploring the role of a Guardian ad Litem (GAL) in family law cases, from appointment to post-report actions such as settling the case, discovering materials, and preparing for trial. The admissibility of GAL reports as trial exhibits, cross-examination strategies, and key legal precedents related to GAL involvement are discussed.
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Presentation Transcript
Evidence Admissibility in Family Law Cases: Guardian ad Litem Issues Tiffany M. Bentley, Esq. April 7, 2021
What is a Guardian ad Litem? G.L. c. 215, 56A: Any judge of a probate court may appoint a guardian ad litem to investigate the facts of any proceeding pending in said court relating to or involving questions as to the care, custody or maintenance of minor children . Said guardian ad litem shall, before final judgment or decree in such proceeding, report in writing to the court the results of the investigation, and such report shall be open to inspection to all the parties in such proceeding or their attorneys .
How do you get a Guardian ad Litem appointed? Know your judge Category E vs. Category F Identification / Selection Costs
So you have a Guardian ad Litem Report What happens next? Settle the case! Motion to Implement Recommendations Discovery Subpoena file materials Deposition
Preparing for Trial with a Guardian ad Litem Motion to Update Report/ Recommendations Motion to Strike
The Guardian ad Litem Report as a Trial Exhibit: Right to Cross-Examine Again, know your judge Gilmore v. Gilmore, 369 Mass. 598 (1976) Churilov v. Churilova, 91 Mass.App.Ct. 1105 (2017)
The Guardian ad Litem Report as a Trial Exhibit: Hearsay Mass. Guide to Evidence, 1115 Adoption of Sean, 36 Mass.App.Ct. 261 (1994)
Cross-Examination of the Guardian ad Litem at Trial GAL standards Prejudice / bias Misconstrued evidence / assumptions
