Understanding Guardian ad Litem in Family Law Cases

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.

• Family Law
• Guardian ad Litem
• Child Custody
• Legal Proceedings
• Trial Preparation

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1. Evidence Admissibility in Family Law Cases: Guardian ad Litem Issues Tiffany M. Bentley, Esq. April 7, 2021

2. 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 .

3. How do you get a Guardian ad Litem appointed? Know your judge Category E vs. Category F Identification / Selection Costs

4. So you have a Guardian ad Litem Report What happens next? Settle the case! Motion to Implement Recommendations Discovery Subpoena file materials Deposition

5. Preparing for Trial with a Guardian ad Litem Motion to Update Report/ Recommendations Motion to Strike

6. 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)

7. The Guardian ad Litem Report as a Trial Exhibit: Hearsay Mass. Guide to Evidence, 1115 Adoption of Sean, 36 Mass.App.Ct. 261 (1994)

8. Cross-Examination of the Guardian ad Litem at Trial GAL standards Prejudice / bias Misconstrued evidence / assumptions

9. Questions?