How is a GAL different from a Child Rep? When do I need one?

If you find yourself litigating child custody, parental responsibilities, parenting time, or parental decision-making, then you may discover that the Court will appoint a Guardian ad Litem (GAL) or a Child Representative to your case. This person, an attorney, does not represent you or the other party in your case, but rather has the duty of ensuring the best interests of your children are looked after and upheld by the Court.

While GALs and Child Reps both aim to protect and represent the interests of children, their roles are slightly different, and which one is appointed in your case may make a difference to its ultimate resolution.

What is a Guardian ad Litem?

A GAL is an individual appointed by the court to represent the best interests of a child during legal proceedings. Under Illinois law, the GAL’s role is governed by 750 ILCS 5/506 and Illinois Supreme Court Rule 907. The GAL’s primary function is to act as an investigator, gathering information about the child’s circumstances, needs, and the overall family dynamic.

Once appointed, the GAL interviews the child, parents, and other relevant parties, like therapists, teacher, social, workers, etc. They may also review documents and assess living conditions to provide the court with a comprehensive report on what is in the child’s best interests when it comes to parenting time and parental decision-making responsibilities.

What is a Child Representative?

A Child Representative is much like a GAL in their duty to investigate a situation and interview relevant parties in order to assess what is the best interests of the child. 750 ILCS 5/506 and Illinois Supreme Court Rule 907 also outline the legal duties of Child Representatives.

What’s the Difference?

The main difference between a GAL and a Child Rep is that a GAL will issue a report for the Court at the end of their investigation, conveying to the Court their recommendations to resolve the issues at hand based on the best interests of the child. A Child Rep cannot issue such a report. They can convey to the Court what they find to be in the child’s best interests, but they must do so by presenting admissible testimony and evidence supporting said position.

Additionally, a Child Rep is bound by a duty of confidentiality to the child they represent. A GAL is not. This means that anything a minor child discloses to a Child Rep in confidence is protected by attorney-client privilege, “except as required by law or by the Rules of Professional Conduct.” (506(a)(3).

Ethical Considerations

Both GALs and Child Reps are held to high ethical standards, ensuring that they act in the best interests of the child. GALs must remain neutral and objective, avoiding any conflicts of interest. Child Reps, while advocating for a child, must also ensure that their advocacy does not harm the child or compromise their well-being.

Safeguard Your Parental Responsibilities

If you are navigating a family law case in Illinois, and you have children, knowing the difference between a Guardian ad litem and a Child Representative can help you reach the resolution that is best for your family. A knowledgeable and experienced Illinois family law attorney can help explain what is happening in your case if the Court has appointed a GAL or a Child Rep. The compassionate attorneys at O. Long Law, LLC, will advocate fiercely for you and your family. Reach out today to schedule your initial consultation.