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What Not To Say To A Guardian Ad Litem

Janet McCullar by Janet McCullar
08/06/2023
in Blog
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What Not To Say To A Guardian Ad Litem

Do you wonder what not to say to a guardian ad litem? In child custody and visitation disputes, the court will often appoint a “guardian ad litem” (GAL) to advocate for the child’s best interests. Despite the importance of their role, they frequently encounter difficulties in assisting the court in making decisions that are in the child’s best interests.

So, should we know what not to say to a guardian ad litem? Yes. Guardian ad litems often have to deal with well-meaning but misguided comments from parents and other parties. These kinds of remarks can damage the GAL’s reputation, make it harder for them to do their job, and ultimately hurt the child’s chances of a successful outcome.

Table of Contents

  • What is a Guardian Ad Litem?
  • The Role of Guardian Ad Litem
  • What Not to Say to a Guardian Ad Litem?
  • The Importance of What You Say to a Guardian Ad Litem
  • Tips on Communicating with a GAL
  • Conclusion
  • FAQs about What Not To Say to a GAL
    • What if I say what not to say to a guardian ad litem?
    • Why is it important to avoid criticizing the other parties involved?
    • Is it ever okay to discuss confidential information with a GAL?
    • Why is it important to avoid making promises you can’t keep?
    • Can I ask the GAL to advocate for my position?
    • What should I do if I don’t know the answer to a question the GAL asks me?
    • Should I avoid talking to the GAL altogether?
    • What not to say to a guardian ad litem?
    • How can I show the GAL that I am focused on the best interests of the person I am representing?
    • Can I criticize the judge or court system to the GAL?
    • What should I do if I disagree with the GAL’s recommendations?
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What is a Guardian Ad Litem?

Don’t worry about what not to say to a guardian ad litem! It’ll be explained if you have the basics of a guardian ad litem (GAL).

A Guardian ad Litem (GAL) is an advocate for the court-appointed interests of a minor or incapacitated party. The court appoints the GAL, who may be an attorney or a trained volunteer, to look into the situation and make recommendations to the judge about the best interests of the child or incapacitated person.

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What Not To Say To A Guardian Ad Litem
What Not To Say To A Guardian Ad Litem

The GAL must independently investigate the case by interviewing the child, the parents, and any other relevant parties as well as reviewing any and all relevant documents and records. The GAL will conduct an independent investigation and report to the court with recommendations based on what is in the client’s best interests and what not to say to a guardian ad litem.

The Role of Guardian Ad Litem

The role of GAL is one more thing besides the basics of a guardian ad litem (GAL) you should know before solving what not to say to a guardian ad litem.

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A Guardian ad Litem (GAL) is a legal representative who acts in the best interests of a minor or incompetent client. The GAL is appointed by the court and is required to be a neutral and effective advocate for their client.

A Guardian ad Litem (GAL) must act as an advocate for the best interests of the person they are appointed to represent in court by investigating the case on their own, making recommendations to the court about what is in the person’s best interests, testifying at hearings, ensuring that court orders are followed, and more.

What Not To Say To A Guardian Ad Litem
What Not To Say To A Guardian Ad Litem

What Not to Say to a Guardian Ad Litem?

When communicating with a Guardian ad Litem (GAL), it is essential to be forthright and honest and to avoid saying what not to say to a guardian ad litem that could be construed as an attempt to manipulate or influence the GAL’s opinion.

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Some things to avoid include criticizing the other parent or parties involved, making unfulfillable promises, discussing confidential information, and attempting to influence or manipulate the GAL’s opinion. Respecting the confidentiality of the proceedings and focusing on advocating for the best interests of the child or individual you are representing is essential.

What Not To Say To A Guardian Ad Litem
What Not To Say To A Guardian Ad Litem

Integrity, deference, and a focus on the child’s or person’s best interests are essential when interacting with a GAL. The GAL will seek realistic and workable solutions that are in the child’s best interests, and attempting to sway their opinion can undermine their credibility as what not to say to a guardian ad litem.

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The Importance of What You Say to a Guardian Ad Litem

What not to say to a Guardian ad Litem (GAL)  plays a vital in a legal proceeding involving a child or incapacitated person and can have a major impact on the outcome of the case. A GAL’s recommendations to the court are given substantial weight because of their duty to advocate for the client’s best interests.

Thus, it is essential to be truthful and forthright when communicating with the GAL and to refrain from saying anything that could be misconstrued as an attempt to influence or manipulate their opinion.

You will lose the GAL’s trust and the support of the court if she or he believes that you are not acting in good faith or are more concerned with attacking the other party than advocating for the best interests of the child or person by what not to say to a guardian ad litem.

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What Not To Say To A Guardian Ad Litem
What Not To Say To A Guardian Ad Litem

On the other hand, the GAL is more likely to recommend in your favor if you earn their trust by being truthful, respectful, and focused on advocating for the best interests of the child or person.

Tips on Communicating with a GAL

This blog post has presented all about what not to say to a guardian ad litem to you. Here are some tips on communicating effectively with a Guardian ad Litem (GAL):

  • Tell the truth when asked questions and volunteer any pertinent information.
  • Be courteous and professional when dealing with the GAL. You should refrain from saying anything bad about the other side or parties in the case.
  • Always make sure to speak up for what’s best for the person you’re advocating for or the child you’re representing.
  • Give the GAL all the details you can think of that might aid their investigation.
  • By being responsive and cooperative, you can earn the GAL’s trust and increase the likelihood that they will recommend in your favor.
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What Not To Say To A Guardian Ad Litem
What Not To Say To A Guardian Ad Litem

Conclusion

It is just as important to know what not to say to a Guardian ad Litem (GAL) as it is to know how to communicate with one.

By following these tips from Janet McCullar and approaching your interactions with the GAL in a professional and collaborative manner, you can increase the likelihood that their recommendations will be in your favor and help to achieve a positive outcome for the person you are representing.

FAQs about What Not To Say to a GAL

What if I say what not to say to a guardian ad litem?

Avoiding potential pitfalls and keeping your communication with the GAL focused on advocating for the best interests of the child or person you are representing is much easier if you know what not to say to the GAL.

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Why is it important to avoid criticizing the other parties involved?

Criticizing the other parties involved can make the GAL question your motives and harm your credibility in their eyes.

Is it ever okay to discuss confidential information with a GAL?

No, you should never discuss confidential information with a GAL, as this can violate the privacy rights of the parties involved and harm your case.

Why is it important to avoid making promises you can’t keep?

Making promises you can’t keep can undermine your credibility and harm your case if you are unable to follow through on those promises.

Can I ask the GAL to advocate for my position?

No, you should not attempt to influence or manipulate the GAL’s opinion in any way, as this can harm your credibility and undermine the GAL’s ability to represent the best interests of the child or person involved.

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What should I do if I don’t know the answer to a question the GAL asks me?

If you don’t know the answer to a question the GAL asks you, it is better to admit that you don’t know than to provide inaccurate or misleading information.

Should I avoid talking to the GAL altogether?

No, it is important to communicate with the GAL and provide them with any relevant information that may be helpful to their investigation.

What not to say to a guardian ad litem?

You should avoid criticizing the other parties involved, making promises you can’t keep, discussing confidential information, and attempting to influence or manipulate the GAL’s opinion.

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How can I show the GAL that I am focused on the best interests of the person I am representing?

You can show the GAL that you are focused on the best interests of the person you are representing by keeping the focus of your communication on what is in their best interests and avoiding personal grievances or agendas that are not relevant to the case.

Can I criticize the judge or court system to the GAL?

No, you should not criticize the judge or court system to the GAL, as this can harm your credibility and undermine the authority of the court.

What should I do if I disagree with the GAL’s recommendations?

If you disagree with the GAL’s recommendations, you should discuss your concerns with your attorney and provide any additional information that may help to support your position.

Tags: what not to say to a GALwhat not to say to a guardian ad litem
Janet McCullar

Janet McCullar

Janet McCullar is a seasoned attorney who focuses her practice on matters involving parental infidelity and child custody disputes. Janet has successfully defended clients in a large number of difficult divorce and child custody disputes. In addition to this, Janet McCullar is a published author and public speaker who frequently discusses topics related to divorce and the custody of children.

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