What is a GAL?

A Guardian ad Litem (GAL) is a legal advocate for a “ward.” A ward is a person legally under the care of the courts. This can be a minor child or an adult with a disability. The GAL protects the ward’s best interests during a court case. GALs are often called “the eyes and ears of a judge” because they investigate situations to help the judge make a decision.

A GAL is not a guardian. A guardian has legal authority over a minor or a ward. A GAL does not. A GAL can only make a recommendation to the judge. A GAL's job is to help the judge decide what is in the best interests of the ward.

A GAL is not a Child Representative. A GAL can be called as a witness. A GAL helps render judgment in a case. A GAL makes recommendations to the judge. A Child Representative cannot be called as a witness. A Child Representative does not help render judgment. A Child Representative is more like the child's attorney.

A GAL may be appointed in divorce cases, adult guardianship cases, or juvenile court child protection cases. This article focuses on juvenile court child protection cases.

Can I get the GAL's information?

GAL information must be provided to the child in care as well as their:

• Foster parents,
• Caregivers, and
• Caseworkers.

If requested, the parties will be given the GAL's:

• Name,
• Email address,
• Telephone number, and
• Supervisor's name (in some cases).

How should I interact with a GAL?

If you have an attorney, talk to them before contacting the GAL. Your attorney represents your interests. They will make sure that it is in your interest to contact the GAL.

The most important thing when working with a GAL is to have realistic expectations. The GAL is not your attorney. The GAL is not an additional advocate for you. Think of the GAL as a second judge.

Do not complain to the GAL. Be respectful and work with your GAL. Always listen to your GAL. If they ask you to call them after visiting your child, do so. Your attorney, if you have one, can explain this to you.

When you are around a GAL, make sure to be on your best behavior. For example, if you are trying to get or keep parental responsibilities for your child, you need to show that this is in the best interests of your child.

Can I remove or replace the GAL if I do not like them?

Unless there is a good reason, you cannot request a different GAL. A good reason could be if the GAL had previously represented one of the parties in another case. If you have an attorney, talk with them if you have questions about your GAL.

The GAL is supposed to begin the case without bias. However, at some point, the GAL must form opinions based upon the facts. Those opinions may not be in your favor. This does not mean they are being “prejudicial.”

As attorneys, they must follow the Code of Professional Responsibility. Unless you have a provable Attorney Registration and Disciplinary Commission (ARDC) complaint, you are not going to get a new GAL. Filing an ARDC complaint is very serious and should not be done lightly.

The only good causes to remove a Guardian Ad Litem or Child Representative is if they are in violation of the ethical rules or are not fulfilling their duties.

If the GAL is engaging in fraud, deceit, dishonesty or misrepresentation, those are reasons to remove them, but you have to prove it. 

If your GAL is simply not doing their job, this should be brought to the judge's attention. However, it will probably just result in the GAL doing their job and not being replaced. 

If I cannot remove a GAL, what can I do if I do not like their conclusions?

A GAL can be cross-examined at trial to reduce their credibility. However, be careful because the judge may not appreciate berating the court-appointed advocate for the child. If you choose to attack the credibility of the GAL, you should have a good reason.

You can ask the judge to appoint another professional, such as a child psychologist or psychiatrist to provide another viewpoint. You will have to pay for your own expert unless otherwise ordered by the judge.

Can I sue the GAL?

No. Illinois law provides a court-appointed child representative absolute immunity from a lawsuit related to their court-appointed duties. They are considered “arms of the court.” It is also a misdemeanor to “harass” or “annoy” a GAL. 

Is a GAL the same as a court appointed special advocate?

The court will also appoint a special advocate if one is available. In smaller counties, the court appointed special advocate can also serve as the GAL. In counties with a population over 3 million people, the special advocate appointed will be different than the GAL. Special advocates are volunteers supervised by a court appointed special advocate program. Their responsibilities include:

• Do independent assessments of the facts and circumstances of the case by checking the court order,
• Stay in contact with the child,
• Submit reports about the child’s best interests,
• Advocate for timely court hearings that lead to the permanent placement of the child,
• Be notified of all administrative case reviews and make sure that the child is receiving the correct welfare services,
• Attend all court hearings and other proceedings to advocate for the child's best interests,
• Check to make sure that the case plan and court orders are being followed, and
• Review court documents that relate to the minor child.