home visit guardian ad litem

Post-Divorce

Common Questions a Guardian ad Litem Will Ask You and Your Child

And what to expect the first time you meet.

A Guardian ad Litem investigation typically happens when the parties cannot agree on a custody or placement determination regarding their children. When the parties cannot resolve child-related issues on their own, the court appoints an attorney to investigate the children’s best interests and to make a recommendation to the court as to what kind of custody and placement arrangements would be most beneficial for the child.

The Guardian ad Litem (“GAL”) typically has a lot of influence over the judge—after all, she has appointed the GAL to be her eyes and ears. Therefore, your interactions and communications with the GAL may, in large part, drive the GAL’s investigation and their opinion of what is best for your child. Knowing what to expect and how to prepare for a GAL investigation could make or break your case. Read on for tips and insights that will help you put your best foot forward!

Preparation Tips for Parents

Preparing for your initial meeting.

Your first meeting with a GAL will usually be one-on-one. You will meet with the GAL at his or her office without your attorney, without the child’s other parent present, and without your child. The GAL will conduct an informational interview to learn about you, your relationship with the other parent, and your relationship with your children.

Be prepared for the GAL to inquire about the following:

• Your family history and significant life events : Where you grew up; how you were raised; what kind of relationship you have with your parents and siblings; whether your parents were divorced; whether you have any family history of abuse, neglect, poverty, or drug/alcohol issues, etc.
• Your relationship history with the other parent : When and how you met; how long you were in a relationship; how you came to be parents together; how you work together as co-parents; how the relationship ended; whether there is any history of interspousal battery or domestic abuse.
• Your relationship with your child : What caregiving role have you played in the past; how you see that role evolving in the future; any parenting struggles or achievements you have experienced; What your child would say about you as a parent.
• Your child’s relationship with the other parent : What caregiving role the other parent has played and how you would like that role to change, if at all; any parenting struggles or achievements they have experienced; What your child would say about his or her relationship with the other parent.
• Information about your child : His personality and interests; how he is doing in school; whether he has any medical or educational concerns; whether he has special relationships with any third parties such as grandparents, daycare providers, etc.; what his daily routine is like; any holiday traditions he celebrates with you or other family members.
• The nature of the dispute : What kind of custody and placement arrangements you want; what your understanding is of the other parent’s proposal; why you disagree with each other; what compromises you might be willing to make; what kind of custody and placement arrangements your child would like and why.
• Any relevant third parties or third-party information that could influence the investigation : Witnesses who could testify in favor of your position; names and addresses of school personnel, daycare providers, or pediatricians that might have relevant records or information.

Sometimes, GALs provide written questionnaires for parties to complete and return in lieu of a lengthy personal interview. If so, you can consult with your attorney about how to best provide information in response to the questionnaire. However, the GAL will still want to meet with you just to get a sense of your personality and to discuss your child and your case.

At the close of your first meeting, the GAL might also ask you to gather specific documents or information. If so, you should cooperate with your attorney to ensure the GAL gets everything he or she needs. The GAL might also ask you to sign authorizations that will allow them to gather information or records directly from the source. If this is the case, you can consult with your attorney, but generally you will want to cooperate with the GAL’s requests.

Finally, the GAL might schedule a home visit and, if your children are school age or older, it is likely the GAL will want to meet the children as well.

Preparing for the Home Visit

If your case is in a county that requires a custody and placement evaluation by a county social worker, it is likely the GAL will do a joint visit with the social worker. If a custody and placement evaluation has not been ordered in your case, the GAL will likely come visit you alone or possibly with a secretary or paralegal from his or her office who can assist with taking notes or pictures.

In general, here are some tips to consider regarding the GAL’s home visit:

• Photos & Videos : The GAL or social worker may wish to take photographs or videos during the home visit.  This is not unusual—particularly if the other parent is alleging a party’s home is unsuitable for the children. It is important to ensure your home is clean, orderly, and kid-friendly prior to the visit for this reason.
• Surprise Drop-Bys vs Scheduled Visits : Most times, the GAL will arrange the visit in advance. In other cases, the visit may be a surprise if there is a reason to try to catch the parent off-guard (for example, if there is an allegation that the parent drinks too much or frequently leaves the children home alone). Assuming the visit is scheduled in advance, you should ask the GAL if they would like the children to be present or not. Often times, the GAL likes to see the children in their home and likes to gauge their interaction with their environment. It can also make children more comfortable to meet the GAL in their own home where they can proudly show the GAL their bedrooms and introduce them to family pets.
• Level-Playing Field : The guardian ad litem may also decide to visit both parents’ homes so the investigation seems even handed, even where there has not necessarily been an issue raised as to the living conditions at the other parent’s home.
• Short Duration : Expect the home visit to be of fairly short duration, anywhere from 10 minutes to 30 minutes, or so, depending on whether the guardian ad litem plans to talk or interview the children during the visit.
• Third Parties Can Be Present : While one would technically have a right to have their attorney present during the home visit, usually the visits are arranged in advance with the consent of the attorneys and there is no reason for the attorneys to be present during the home visit. The GAL may also want to meet other adults or individuals who live at the home with the children such as stepparents or stepsiblings. Such people should be present at the home visit if requested by the GAL.

Who should NOT be present : There are other people who should not be present during the home visit if it will create issues for the GAL or will complicate the situation. For example, if the parent has a new boyfriend or girlfriend that does not generally associate with the children, he or she should not be included in the home visit. Likewise, nosey grandparents or next-door neighbors should not participate in the home visit unless the GAL has expressly requested their presence. Finally, overly friendly or aggressive pets should be safely put away during the home visit so that they do not jump up on or injure the GAL or his assistants.

Tips for Child Preparation

Although in some scenarios, a guardian ad litem might elect to choose to conduct an interview with a child in their own office, they may wish to schedule a home visit instead to see the children in their own environment as it’s less intimidating for the child.

Questions a Guardian ad Litem Will Typically Ask a Child During an Interview

GALs will often ask questions geared toward two purposes: (1) putting the children at ease, and (2) gathering information. If you have more than one child, depending on their ages, the GAL may choose to interview them separately or together. Sometimes the GAL will offer the children a puzzle or art supplies so that the children can “fidget” with something and feel less preoccupied. The GAL will try to make the interview very positive and conversational.

To help put the child at ease, the GAL may ask questions about:

• School —What subjects do they like? What do they like to take for lunch? Who is their teacher
• Friends —Who are their friends? What do they like to do together?
• Interests —Do they play any sports? What video games do they like? Do they play an instrument? Are they in any clubs or organizations?
• Family —Who are the members of their family? Do they have pets? Do they take trips to visit family members?

The GAL may also inter-mix “getting to know you” questions with “fact gathering” questions such as:

• What do you like to do with your Mom?
• What are some things your Dad is good at?
• What time do you have to go to bed at your Mom’s house?
• Who helps you with homework—your mom or your dad?

Finally, GALs will generally ask children the following questions:

• What did your parent(s) tell you about why you are meeting with me?
• What did your parent(s) tell you to tell me?
• Is there anything your parents told you not to tell me?

GALs typically will NOT explicitly ask children who they want to live with.

Preparing a Child for the Home Visit

Sometimes the GAL will meet the children separately before scheduling a home visit. Other times, the GAL may wish to meet the children contemporaneous with a home visit. Either way, you can help your child prepare for the home visit much as you would help them prepare to meet any guest in your home.

Rest assured, an experienced GAL has “seen it all” and will not hold it against you if your children behave like children at the home visit. After all, that is the point: To observe the children’s behavior in their own home.

It is normal to be nervous but remember: the GAL wants what is best for your children—you are allies in that goal. And now that you know what to expect and how to prepare for the GAL investigation, you can focus less on your fear of the unknown and more on your children’s best interests!

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What Is a Guardian Ad Litem Looking For in a Home Visit?

Defining a Guardian Ad Litem

A Guardian ad Litem is a Latin term that is literally defined as “Guardian ‘for the lawsuit.’”. A Guardian Ad Litem (GAL) is appointed by the Court as a neutral third party, whose duty it is to represent the best interests of the minor child to the Court. A Guardian ad Litem, or GAL, is a court-appointed advocate for children in legal proceedings such as custody battles and abuse/neglect cases. One of the key responsibilities of a GAL is to conduct home visits to assess the living situation of the child involved. During these visits, a GAL looks at various factors that may impact the well-being and safety of the child.

If you are going through legal proceedings involving your child, it is important to understand what a GAL looks for during a home visit. This article will provide an overview of some common areas of focus during a home visit by a Guardian ad Litem.

A guardian ad lit em ( G AL ) is a court – appointed representative who is responsible for protecting the best interests of a minor or an incapac itated person . During a home visit , the guardian ad lit em will be looking for clues to determine the suit ability of the home environment for the minor or incapac itated person . The G AL may look for evidence of a safe and nurturing environment , such as adequate food , clothing , and shelter . They may also look for signs of abuse or neglect , such as substance abuse , domestic violence , or criminal activity . Additionally , they will assess the quality of the relationships between family members , including the minor or incapac itated person , and make recommendations to the court regarding their best interests .

How to Get a Guardian Ad Litem on Your Side?

If you are seeking to get a G AL on your side , the best way to do so is to be prepared and organized . You should gather all relevant documents and information about the situation and present them to the G AL in a concise and organized manner . It is important to be honest and open with the G AL , as they will be looking out for the best interests of the minor or legally incapac itated adult . Additionally , it is important to be respectful and cour te ous when communicating with the G AL . This will show them that you are serious and willing to work with them to get the best outcome for the minor or legally incapac itated adult .

If you’re facing a difficult family court case, you may want to consider getting a guardian ad litem on your side. A guardian ad litem is a neutral third party appointed by the court to represent the best interests of children involved in custody or visitation disputes. They are typically attorneys or other professionals who have experience working with families and children.

To get a guardian ad litem on your side, the first step is to request one from the court. You can do this either through your attorney or by filing a motion yourself if you’re representing yourself in court. Once you’ve made your request, the judge will decide whether or not to appoint a guardian ad litem based on their assessment of what’s best for the child.

What does a guardian ad litem look for in a home inspection?

A guardian ad litem will look for signs of a safe and healthy home environment, including necessary safety precautions (such as smoke detectors, carbon monoxide detectors, window guards, and stair gates); the presence of any hazardous materials or conditions; any evidence of neglect or abuse; and any evidence of illegal or inappropriate activities. The guardian will also consider the amount of space available for the child, the cleanliness of the home, and the adequacy of furniture for the age and size of the child.

You can use the following seven Guardian Ad Litem home visit checklist/tips to prepare yourself for everything that comes with a Guardian Ad Litem and make Guardian Ad Litem on Your Side.

1. Impress a Guardian Ad Litem:

How to impress a guardian ad litem: First impressions matter! GALs are like anyone else, the first story that they hear is likely to be the one that they remember the best. The main question is how to impress a Guardian Ad Litem. Be proactive, if you are appointed a GAL Guardian Ad Litem, be the first to call, the first to pay, and the first to meet with them one on one. This establishes a narrative. This is the first step in the investigation, after the first impression is established, it is up to you to continue to be available and accessible to the GAL while they perform their thorough investigation at your home, at your child’s school, and talk with the important people in your lives. The best thing you can do for yourself is to show the GAL the good-hearted and responsible person and parent that you are!

First and foremost, show respect for the guardian ad litem’s role and expertise. Understand that they have been appointed by the court to make recommendations based on what they believe is in the best interest of the child. Listen carefully to their questions and opinions, and be honest in your responses. Avoid arguing or becoming defensive, as this can hinder productive communication.

It is also important to stay organized and prepared for meetings with the guardian ad litem.

• Be prepared. Before meeting with a guardian ad litem, make sure you understand the case, the issues, and the legal proceedings. Review any relevant evidence and research the guardian ad litem’s background.
• Be on time. Showing up late or not showing up at all will not make a good impression.
• Be respectful. Speak clearly, answer questions honestly, and address the guardian ad litem with respect.
• Be honest. Don’t exaggerate or try to paint a rosier picture of a situation. Stick to the facts.
• Be organized. Bring all relevant documents and paperwork with you to the meeting and be prepared to discuss them in detail.
• Listen carefully. Pay attention to what the guardian ad litem has to say and be prepared to respond to any questions.
• Show your commitment. Demonstrate your commitment to the case by being prepared and staying involved throughout the process.

2. Be Relaxed, Be Prepared:

Ask that the first meeting is at the GAL’s office not at your home. Treat it like an interview but make every effort to appear relaxed and at ease. Of course, you are going to be nervous, this perfect stranger is going to be making recommendations that could affect your life and your children’s lives! The best thing you can do is to be prepared: bring report cards, medical records, and letters from friends and family, and printed out photos of text messages or Facebook posts for the GAL to review.

3. Inform your children, but don’t Involve them:

The GAL will be doing home visits and maybe even meeting your children at school. The children will need to have some idea about who the GAL is and what their role is. Experience has taught me that the best practice is to tell them to be honest and that the GAL is a friend. However, be careful! There is a fine line between filling your children in and putting them under the stress of being in the middle. Never question your children after the GAL leaves about the conversation. Those conversations are confidential between the child and the GAL.

4. Ensure a good Home Visit:

First impressions are important, so be sure to clean the home to the best of your ability. When the GAL arrives, be sure to take the GAL on a tour of the home and highlight areas where the children are taken into account, (i.e. their room, a playroom, outdoor playground, special foods if there are dietary restrictions, etcetera). Don’t forget to discuss the neighborhood! If the school or a park or friends and family are close by, mention it! The GAL looks at the child’s connection to their Home, School, and Community. Help the GAL see that connection by bringing it up yourself. If you live with a significant other or family member, have them be available to talk to the GAL as well.

5. Admit your Flaws and Progress:

No one is perfect, and if you know that the opposing party is bringing up issues with you or your parenting, don’t shy away from discussing them! It is important for the GAL to get both sides of the story, instead of just accusations. If you know that you have mental health or physical health issues, address the subject and tell the GAL what plans and supports you have in place to help you and provide documentation to support it.

6. Stay Current on Your Bill:

The GAL is appointed by the court and must complete their investigation to keep their certification. Many GALs work at reduced rates, and you must comply with the Court’s orders to pay them. You will be responsible for the entire investigation, not just the time spent talking with you or spending time at your home. The court will divide a percentage of how much you owe. It is typically 50%/50% but can be changed based on the income of the parties and other facts in the case. If you are unable to pay a retainer, ask to be set up on a payment plan. Always be proactive. If you don’t pay your bill, the Court can restrict your ability to present evidence, hold you in contempt and even dismiss your case outright.

7. Follow up and advocate for yourself and your family!

After the initial meeting and home visit, you may not have as much contact with the GAL and only see them at the Court hearings. However, email the GAL with updates, attach text messages and other evidence to support your statements. If you have a family law attorney, blind copy (bcc) them on your emails so that they stay in the loop as well. Written communication is better than phone calls. If there is an emergency though, do both.

Summing it Up:

What does a Guardian Ad Litem do? The Guardian Ad Litem is one of the people in the case who can have a significant effect on the outcome of your custody dispute. A Guardian Ad Litem (GAL) is a court-appointed representative who is assigned to investigate and determine the specific needs of abused or neglected children and youth petitioned into the court system by the Department of Social Services. The primary responsibility of a GAL is to ensure that the best interests of the child they represent are met, and to shield the child from the distressing experience of litigation. To achieve this, the GAL investigates the facts of the legal case as they apply to their ward, interviews witnesses, and gathers important information. Additionally, the GAL represents the client’s best interests (not the client him or herself) in the guardianship proceeding and acts as a neutral investigator for the court.

Does the judge always listen to the Guardian Ad Litem? Many Magistrates and Judges rely on the opinion and recommendation of the GAL because they don’t have the ability to leave the Court and investigate each case they have. That is why it is essential that you be in contact with the GAL and provide him or her with the evidence and information that they need to get the full picture of your family and your case.

At the end of the day, the GAL is there for the support and advocacy of the child and to help parties who cannot agree to decide on the best interest of their children. Let the Guardian Ad Litem get to know you and your children so that they will be able to make an accurate and realistic recommendation for your family.

Tags: what not to say to a guardian ad litem, what is a GAL, how to tell if the guardian ad litem is on your side, what does a guardian ad litem do, GAL attorney, what does a guardian ad litem look for in a home inspection, guardian ad litem home visit checklist

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Guardians Ad Litem (GALs): What They Do & Look For

One of the many people to know in a child custody case is the guardian ad litem (GAL).

The term guardian ad litem means "guardian of the case." The court assigns them to work with children and, in states like New York , adults who are unable to participate in the court process due to disability or incapacitation.

The GAL's input holds serious implications for the outcome of the case.

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What is a guardian ad litem?

A guardian ad litem is a lawyer, a volunteer or a mental health professional who determines the child's needs, then works to ensure their best interests are upheld in court. They're tasked with conducting an investigation to figure out what custody situation best suits the child, and whether protections like supervised visitation are necessary.

Appointment

The court typically reserves the appointment of a guardian ad litem for neglect, abuse and dependency cases. In North Carolina , the Department of Social Services must open a case for one of the aforementioned issues to get a GAL on the case.

Wisconsin courts and a few others may assign a GAL simply because parents can't reach a custody agreement . It's also possible for a parent to request a GAL for their case, but the judge must agree one is needed.

Qualifications

States like Virginia , where the GAL is also the child's lawyer, only allow attorneys to serve as guardians ad litem. Elsewhere, no legal background is required. The court may appoint a lawyer to work alongside the GAL if need be.

Regardless of professional background, the applicant must undergo training. They may also have to pass a criminal background check and participate in a screening interview before being sworn in.

What does a guardian ad litem do?

In the order assigning a guardian ad litem, the court will specify what they want them to investigate. Their task could be to look at the child's living situation as a whole or to look at one or two specific issues (e.g., a parent's substance abuse issues or mental health).

Unless they're also the child's lawyer, the guardian is more of a fact finder for the court than an advocate. ( Attorneys ad litem fulfill the advocacy role.) The guardian ad litem:

• Looks for information that could help the judge make an informed custody decision
• Works with other professionals involved in the case
• Interviews parents, the child, relatives, teachers, etc.
• Reviews medical, school and other reports
• Attends court sessions
• Makes home visits to see the child's living situation

The GAL writes a report based on their findings. It includes a recommendation for a custody arrangement and any other details that could impact the judge's decision. Only parents, their attorneys and the court can view the report.

What is a guardian ad litem looking for?

• The stability of each parent's home
• How well parents can cooperate or their ability to learn to cooperate
• Parents' mental health
• Parents' history of crime, violence or substance abuse

While they can take the child's wants into account, the GAL will always put the child's best interest at the forefront. If their recommendation goes against the child's wishes, the court may ask the GAL to explain their decision.

How much does a guardian ad litem cost?

Generally, parents are responsible for paying the guardian ad litem unless they provide the court with proof they cannot afford to.

Fees vary by location. Flat fees range anywhere from a few hundred dollars to $750 or more. Hourly fees can range from as little as $30 to $250 or more. Parents will have to pay a retainer fee to reserve services for a set number of hours if the GAL charges hourly.

Some GALs are volunteers who don't receive any compensation for their work.

A parent's role in the guardian ad litem's investigation

As a parent, you must cooperate with the investigation. You'll likely have to participate in an interview or fill out a written questionnaire regarding your family history, relationship with your child, the reason for the custody conflict, etc.

Plus, you'll have to allow the GAL to have access to speak with your child. You should never coach your child on what to say. If you do, you'll make it harder for the GAL to figure out what will benefit your child.

The GAL will likely conduct a home visit. Home visits are usually scheduled in advance but sometimes the GAL drops in without notice. They may take photos and videos of your living space and talk to any third parties living with you. The home visit is typically short, not lasting longer than half an hour.

If you're concerned the GAL isn't looking out for your child's best interest, you can talk to the guardian directly or file a complaint with the court. The court could remove the GAL from the case if they aren't fulfilling their duty.

Some states give attorneys or parents representing themselves in court the opportunity to question the GAL about their investigation and report at trial. However, jurisdictions tend to have laws in place that prevent parents from suing the guardian ad litem if they acted in good faith and are not guilty of gross negligence.

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What to Expect From a Guardian Ad Litem Visit

Updated: 05/04/2023

If you're in the midst of a child custody dispute, the term Guardian Ad Litem, or "GAL", may be familiar to you. A guardian ad litem may be used during custody disputes to help the courts determine how to award primary custody and schedule visitation.

Before appearing in court, it is essential to be aware of what to anticipate from your guardian ad litem visit. You should understand what they are looking for in their investigation, how you can prepare for your initial meeting, how long the court process will take, how much it will cost, and how you can prepare for this meeting.

If you're interested in learning more about the process of preparing for a guardian ad litem visit, The Law Office of Jeanne M. Wilson, here in Colorado Springs, offers legal guidance and assistance in this area.

Contact our office if you'd like more information or would like to talk to a Colorado Springs child custody attorney . 

What is a Guardian Ad Litem?

A guardian ad litem is a lawyer, volunteer, or mental health professional appointed by the court to represent the best interests of a child in legal proceedings. The guardian ad litem is responsible for conducting an investigation into the child’s needs and making sure that their best interests are upheld in court. This includes determining a custody plan that would be most beneficial for the child, as well as whether any protections, such as supervised visitation, are necessary.

When making their recommendation to the judge, the guardian ad litem will carefully consider all relevant factors, including the wishes of both parents, any history of child abuse or neglect, important medical records, and any other details that could identify what environment is most beneficial to the child.

In order to gain a better insight into the situation, they will also communicate with those involved, including teachers, doctors, and social workers. It is ultimately the court's responsibility to determine the most suitable custody arrangement for the child, though having a guardian ad litem involved can assist in guaranteeing that all sides are listened to and decisions are made with the child's best interests as a priority. 

What Does a Guardian Ad Litem Do?

The guardian ad litem will meet with all parties involved in the case to make a recommendation on who should be awarded primary custody . This includes parents, family members, and other professionals who may have knowledge about the child’s situation. They will also review any relevant records related to the case, observe the child's daily routines, the mother and father's parenting styles, and examine the child's school records such as report cards.

The guardian ad litem will also examine psychological evaluations of the parents and/or children and will look into any physical health issues that may be concerning. 

After gathering all of this information, they will make a custody recommendation to the court regarding what arrangement would be best for the child's well-being. The guardian ad litem will also provide ongoing support and guidance to ensure that any arrangements made are in line with what is in the best interest of the child. 

How Long is a Guardian Ad Litem Involved in a Custody Case?

The Guardian Ad Litem is a key part of the court proceedings and they will work with you until all facets of their investigation are completed. They must be present for all legal hearings and will provide a response in regard to any motions or petitions that may influence the child's interests while the case continues. Usually, the GAL maintains his or her involvement until the concluding hearing, and possibly beyond that if necessary to ensure that all parties adhere to the court ruling.

It is critical for the guardian ad litem to get to know your child and their needs before making any pivotal decisions. To do this, the guardian ad litem should hold an interview with your child if he or she is at least four years old. This conversation will help them learn about your child's desires and emotions, as well as other information that can play a key role in the case. 

What is a Guardian Ad Litem Looking For?

The GAL’s primary role is to investigate the facts of the case and make custody recommendations to the court about what would be in the best interest of the child. When looking into a case, the GAL will look at all aspects of the child’s life that could affect their well-being and the parent-child relationship.

This includes examining each parent’s home environment for stability, assessing how well parents can cooperate or if they need help learning to do so, and evaluating any mental health issues either parent may have. They will also evaluate if the parents have any history of crime, if there has been any evidence of domestic violence or substance abuse issues. The guardian ad litem will likely be looking for whether or not there is a disabled adult participating in the custody fight and if this might affect the child's well-being.

Learn More : How Fathers Can Get Child Custody

The GAL will always prioritize what is best for the child when making their recommendation to the court. They take into account what the child wants and will consider the parents' desires for custody placement, but ultimately, the GAL will always consider the child's safety and well-being first.

The GAL also works with other professionals such as social workers, psychologists, and attorneys to ensure that all relevant information is taken into consideration when making their decision. Ultimately, it is up to the court to decide which outcome would be in the best interest of the child based on all available evidence presented.

How Much Does a Guardian Ad Litem Cost?

The cost of a guardian ad litem can vary greatly depending on the location and type of services provided. Generally, parents are responsible for paying the guardian ad litem unless they provide the court with proof that they cannot afford to. In Colorado, a guardian ad litem tends to have an hourly rate of $15 - $100, but this may vary depending on your specific case. Although it can be expensive, hiring a guardian ad litem to represent your interests in a legal case can be a wise decision. 

In some cases, GALs may be volunteers who do not receive any compensation for their work. In these instances, it is important to remember that although there is no financial cost associated with their services, these individuals are still providing an invaluable service by advocating on behalf of children in family court proceedings. It is important to understand all of the costs associated with hiring a GAL before making any decisions about legal representation. 

Call Jeanne M. Wilson Today!

In some states and for some cases, guardian ad litems are not required. However, under Colorado state law, a guardian ad litem must be assigned to all dependency and neglect cases. If you are looking for legal counsel in regard to a child custody battle in Colorado Springs, our experienced family law attorney Jeanne M. Wilson is available to provide valuable advice and direction.

At The Law Office of Jeanne M. Wilson & Associates, we recognize that the legal process for child custody fights can be intimidating and we will help you prepare for your legal proceedings. Call Jeanne M. Wilson today at (719) 625-8886 for more information and to schedule a consultation. 

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Blended Family

Thursday, may 5, 2011, how to impress the guardian ad litem part ii: preparing for the home inspection.

• Dirty fingerprints on the refrigerator door. (It doesn't hurt to quickly wipe out the inside either!)
• Inside of the microwave--I guarantee you have spaghetti-o splats.
• The wall near where the children sit.  You might be surprised at the splattered food you missed before. 
• The wall and floor near the garbage can.

5 comments:

I really cant wait to read how this turns out. I love ur advice...believe me I need it im going thru heck with my daughters father as well...good luck!

How did it turn out?

Thank you for sharing this has helped me. How did it turn out?

Thank you for the update, very nice site.. www.ashisuncoast.com

Guardian ad Litems are a joke and racket. Shame on the American Judicial system for allowing these bottom feeders to disrupt families that perfectly well-functioning — for the sake of making money as well as proving a thesis for one parent.

CBA's @theBar

Common Pitfalls for Guardian Ad Litems (and How to Avoid Them)

Article By: Brian M. Bentrup

What happens if a minor or disabled person cannot advocate for himself or herself? How does the legal world address this issue? In Illinois and many other jurisdictions, a judge will appoint an attorney from an approved list who has gone through the appropriate training to represent that person. That person is called a guardian ad litem (GAL) .

GALs serve an essential role in the legal system. If you are not familiar with what a GAL is, he or she is an attorney who helps protect the interests of those who are unable to adequately protect their own rights and interests in a case. It is not practical or possible for a judge to visit with every minor or an alleged disabled adult over whom a guardianship is sought to ensure their rights and interests are adequately protected. Instead, the judge will appoint a GAL to visit with the respondent or minor, and prepare a written report to the court. The GAL is the “eyes and ears of the court” and is an extension thereof.

The GAL is on an approved GAL list and has gone through the requisite training for the relevant county. In Cook County in particular, an aspiring GAL must complete five (5) pro bono appointments through Chicago Volunteer Legal Services, complete an application, and meet with the probate judges on the 18 th floor of the Daley Center. Despite this training and experience, there are still myriad pitfalls for an appointed GAL.

Bias is a common pitfall that can befall a GAL. GALs are appointed to be a neutral and disinterested third-party tasked with ascertaining what is the minor or alleged disabled adult’s best interest, but it is possible for other factors to enter the GAL’s calculus. This is particularly possible in a zero-sum game, such as a parenting allocation type situation. In that case, any gain or “win” by one parent is a loss by the other parent. There is only one child and there is only so much time in a day. If one parent gets sole custody, the other parent cannot have it; if one parent gets additional time, it must come at the expense of the other parent’s time.

A GAL’s recommendation carries a great deal of weight with a judge. If the GAL is expressly or implicitly exhibiting a preference or bias in favor of one parent to the detriment to the other, it presents an ethical issue. A GAL may be impermissibly bringing in his or her own context or background that is clouding his or her judgment, or displaying favoritism. The GAL must stay truly neutral, assess the facts as they are, ascertain the child’s best interest, and make an appropriate recommendation.

• Appearance of Impropriety

A GAL should also be wise to protect himself or herself. The GAL is required to use all practical efforts to meet with and speak with a child or alleged disabled person. GALs may be required to conduct a home visit and a portion must occur in private with the minor or alleged disabled person without other family, friends or relatives involved or within earshot. How can a GAL protect himself or herself when meeting a vulnerable person alone without witnesses? The dangers are especially salient when, for example, a GAL recommends sole custody and all parenting time to one parent and the other parent finds it unacceptable. The GAL is exposed to potential allegations of improper conduct during that private one-on-one meeting. It would not be unheard of for a parent to make these allegations against a GAL, warranted or unwarranted, who stated on the record that the parent in question is abusive, neglectful or is otherwise unfit to have custody and/or parenting time expanded. One compounding factor particularly in the family law context is that this experience is often one of the roughest times in the lives of those involved. This is an incredibly high-stress and high-stakes process that puts everyone on edge. It can have the effect of making individuals act irrationally. It is unclear how individuals in these situations may respond and it is entirely likely the one or more persons may behave irrationally. It is also not uncommon for drug or alcohol abuse to be part of the allegations in a family law context.

Thus, while visits to a facility may be unavoidable for alleged disabled adults, a home visit for a minor or an alleged disabled adult in their own home may be a vestige of the past. It is prudent to schedule all GAL interviews at the attorney’s office with a paralegal or legal secretary present at that meeting, not only for the protection of the GAL, but also for the protection of the child. 

• Safety of the GAL

This is more of an add-on to Pitfall #2 above, but there are cases in which a GAL has been exposed to unsafe people, conditions or environments. Beyond the protection of the GAL against unethical allegations, the GAL must also protect his or her person. GALs have been threatened by disgruntled parents, intimidated, and, in worst-case scenarios, have been murdered. Of course, this is rare, but the GAL must take all precautions to avoid placing themselves in these situations. Again, drug and alcohol abuse is not uncommon in child custody matters and may affect how individuals behave. For the same reason, GALs should avoid one-on-one home visits, GALs should not conduct interviews alone if there is a fear for safety. In this case, the GAL should raise such concerns to the judge. Meetings can instead be done at coffee shops, fast-food restaurants, malls, a local bar association office, or other public places frequently populated. Zoom, FaceTime, Microsoft Teams are all safe substitutes provided the court finds no issue and the GAL can be assured there is no one off camera that is dictating or influencing the minor’s or alleged disabled person’s responses.

• Duty of Confidentiality and Inadvertent Disclosures

GALs have access to a great deal of information. A GAL can obtain medical records, psychological evaluations, criminal records and complaints, school reports, individualized education programs, and collateral reports. GALs also have subpoena powers provided leave of court is obtained. GALs can also rely on information that would be otherwise inadmissible at trial or under the rules of evidence.

By statute, GAL are required to prepare a written report and judges will want an oral summary in open court. This is the GAL’s defense of his or her ultimate recommendations, but it also contains a lot of sensitive personal information. A Physician’s Report form is required for any adult guardianship. The Physician’s Report does not get filed with the court, but the GAL Report will often include a summary of the doctor’s medical conclusions, including the doctor’s ultimate recommendation. A GAL may also rely on a parent’s criminal background or substantiated abuse or neglect allegations.

It’s not hard to see why individuals would not want the information in the GAL Report to become public record. The GAL can ask for leave to file under seal, but judges often see this as necessary. There is no duty of confidentiality in GAL interviews and it would likewise be best practice to make this disclosure in the initial meeting. It is also best practice for the GAL to only include relevant information that is material to the recommendation.

About the Author :

Brian M. Bentrup is a graduate of Loyola University Chicago where he triple-majored in Economics, Political Science, and Psychology. In 2015, he obtained his law degree from The John Marshall Law School. In law school, Brian was selected to be an extern for the Honorable Laura C. Liu in the Mortgage Foreclosure and Mechanics Lien Division as well as the Illinois Tenant Union.

Brian joined Pluymert, MacDonald, Hargrove & Lee, Ltd. in January 2018. His practice includes estate planning, probate and trust administration, and residential and commercial real estate. Brian also focuses on guardianships of minors and disabled adults and has been named to the approved Guardian ad Litem lists for Cook County, DuPage County, Kane County and Lake County. Brian dedicates time to pro bono work with Chicago Volunteer Legal Services representing or advocating on behalf of minors and disabled adults.

Brian is a member of the American Bar, Illinois State Bar, Cook County Bar, DuPage County Bar, and Chicago Bar Associations. He is also a member of the Justinian Society of Lawyers and the Phi Alpha Delta Law Fraternity.

Brian is licensed to practice in Illinois and Missouri. When not practicing law, Brian enjoys spending time with his wife, daughter and son, and exploring new and different culinary experiences.

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Can a GAL represent one of your children in a whole different case and be used later on for a different case involving anther child of yours and is it ok for a dcfs that’s a wife of a lawyer to have someone from her husband’s firm be in a case against a person she is against in a dcfs case. Such as the GAL from her husband’s firm .

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Home / Articles / Your First Appointment with A GAL

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Your First Appointment with A GAL

So, your attorney tells you that a guardian ad litem has been appointed in your case. He or she oftentimes hands you a copy of the appointment order, and tells you to make your appointment with the GAL. What can you expect?  A guardian ad litem can be appointed by a judge in all proceedings for child custody or for dissolution of marriage or legal separation where custody, visitation, or support of a child is a contested issue. The court must appoint a guardian ad litem in any proceeding in which child abuse or neglect is alleged.

The GAL is charged with representing your child or children in the pending legal proceedings. He or she must also conduct all necessary interviews with persons having contact with or knowledge of the child in order to ascertain the child’s wishes, feelings, attachments and attitudes. The GAL will eventually make a custody recommendation to the court, and while the recommendation is not determinative of the outcome of the case, the court will place substantial weight on what the guardian recommends. In light of their potential influence on your case as a whole, how do you make the most of your first meeting with the GAL? Most guardian ad litems, in my experience, will meet with Mom and Dad individually at least once, for a standard one hour appointment. They may request subsequent meetings with either parent, or they may not. They have the ability to interview the children if they see fit.

Each GAL conducts their investigations differently. The tips below will help you be prepared for your first meeting with your GAL, and will assist you in focusing the GAL’s investigation on what you deem to be important.

1. Be prepared to tell a brief history of your relationship. The GAL does not want to hear every single detail about how you met your spouse, or what color scheme you had at the wedding. However, he or she will want to know the circumstances surrounding the couple and what brought them together.

2. Be prepared to frankly discuss the circumstances that brought the relationship to an end. The guardian will want to know what exactly brought you to the point of contested custody litigation.

3. Following the point listed above, do not spend your time “bad-mouthing” the other parent. Guardians take notice when a parent takes the high road and discusses the facts and circumstances of the case. Contested custody litigation is emotional, and any lawyer practicing in the field of domestic relations understands that point. However, the judge has to look at the facts of the case. It’s best to do what you can to spend your time with the GAL discussing the facts so he or she is adequately informed regarding your case.

4. Be prepared to address the question “What will the other party say about you?” This is a question designed to draw out what you believe to be your strongest and weakest points as a parent. Be sure to have an answer ready, as this shows your ability to recognize that you aren’t the perfect parent.

5. Be ready to discuss your parenting style. Whether you are a laid back parent that has never uttered the word “grounded” or a strict disciplinarian, you can’t help what you are. Be honest, and if your parenting style differs from your spouse, be sure to tell that to the GAL.

6. Remember to discuss family members that play an important role in your child or children’s lives. If Grandma picks the kids up from school everyday, or Aunt is the daycare provider, the GAL will want to know. This sheds light on the structure of the family, and makes the guardian aware that there are perhaps other people that he or she should speak to in conducting their investigation.

7. Have some idea of your child’s daily routine. The GAL will want to know if your kids are involved in sports after school, or if they go to before/after care. They will want to know dinner times, homework time, bed times. By getting an idea of the child’s schedule, he or she will get to know a bit about the child before even meeting them.

8. Provide the GAL with a list of helpful people to speak when conducting their investigation. Provide them with names of family, friends, neighbors – anyone who can speak to how you interact with your children. A list of people a mile long who will say what a wonderful person you are, but have never seen you with your child, does not help a GAL in the least. Keep your list to between three to five people who have seen you interact with your children and can speak to the kind of parent you are.

9. Provide the GAL with a list of teachers if there is a problem with schoolwork/discipline, doctors if there is a medical issue, and any counselors or therapists who the children may be seeing. Due to HIPAA and stringent privacy laws regarding schools, volunteer to sign any releases the GAL may request at your first meeting. Also provide the GAL with any custody calendars you may be keeping. Journals may also be helpful, but discuss the same with your attorney before handing it to the GAL for his or her review.

10. Remind yourself, and the guardian, that you want what’s best for your children. Contested litigation inherently breeds self-focus in parents. A simple statement to a GAL of “I want what’s best for my child” will be remembered.

Cordell & Cordell understands the concerns men face during divorce.

Scott Trout is the Managing Partner of Cordell & Cordell, P.C. He is licensed in Missouri, Illinois and Georgia.

DadsDivorce Editor

2 comments on “ your first appointment with a gal ”.

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Thankyou Cordell and Cordell for info regarding my preparation for my GAL meeting. With this I will be prepared for the questions being asked.

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5 Tips For Working With A Guardian Ad Litem

A Guardian Ad Litem, or GAL, is a person appointed by the court to act as a neutral third party and make recommendations to the judge in the best interests of the children in divorce or child custody cases . The GAL’s recommendations carry significant weight with the court because the GAL typically conducts an investigation before they come before the court.

A guardian ad litem does not have to be your enemy. Always remember they are there to advocate for your children. Here are some simple tips that you should keep in mind if a GAL is assigned to your case.

Remember: if a GAL is assigned to your case, it is important that you maintain an attorney that can help guide you through the process. An experienced attorney, like the Family Matters Law Group, can help to ensure that your interests are represented fairly.

First Impressions at the GAL Office

As the saying goes, “You never get a second chance to make a first impression.” This is definitely the case with a GAL. As soon as the GAL is appointed, you want to be the first person they speak with. This way, your story is the first one they hear, and that will make a big impression. This is your chance to show the GAL what a responsible, good-hearted parent you are and why you are the best choice in a custody case.

To that end, the best place to make that first impression is the GAL’s office. By meeting there, you can buy yourself some time for that all important home visit. Treat the GAL office visit like a job interview. Dress for success and come prepared; bring medical records, report cards, and recommendation letters from friends and family. Make that first impression really count!

What Does A Guardian Ad Litem Look For In A Home Visit

Before the GAL pays a home visit (and they will), take the time to make sure your house is sparkling clean. This is the first impression they will get of your home, so make sure it’s a good one. Be sure to point out any areas of significance where the children are involved: dining room, playroom, bedroom.

The GAL is looking for how the child interacts in three environments: Home, School, and Community. Make sure that between the office visit and the home encounter, the GAL has clear evidence of how the child fits into each of those areas. Do not assume that the GAL notices something; if it’s important, point it out yourself!

Don’t Put the Child in the Middle

The child is not the middleman between you and the GAL. You should definitely let the child know who the GAL is and what their role is. But, don’t put pressure on the child to do things differently than they normally would. Tell the child to be honest and think of the GAL as a friend. Don’t pressure the child to report on conversations between themselves and the GAL. If you need information, talk to the GAL yourself. The more you can make the situation normal and low pressure for the children, the better chance you have that things will go smoothly.

What To Share With Your Guardian Ad Litem

You’re a human being trying to be the best parent that you can. That doesn’t make you perfect. Answer questions from the GAL honestly. If you know you need help discussing some issues, talk to your attorney beforehand. They can help you to better communicate your side of the story.

If you have mental or physical health issues, don’t just tell all the things that are wrong. Discuss with the GAL all the supports and plans you have in place to help your family.

Likewise, if you are having financial difficulties, discuss this with the court and the GAL (your attorney can help). You are responsible for paying the costs of the GAL, so request a payment plan if you need one. You do not look like a responsible parent by being negligent on your GAL bill.

Stay In Touch With Your GAL

After the office and home visits, you might not see very much of the GAL unless you’re in court. That doesn’t mean you shouldn’t stay in touch. Email updates as they occur, and send copies of any relevant documentation to the GAL office. Remember that written communication is always best, and make sure to send a copy of any communications to your attorney.

The GAL does not have to be your enemy. Yes, they will be making recommendations to the court, and yes, those recommendations carry a lot of weight. But, the GAL is one piece of a complex custody puzzle. The best thing you can do in a custody case is to admit you need help. You need to find a good family lawyer who is experienced in dealing with GAL investigations.

Family Matters Law Group Can Help With Your Custody Case

If you are in Henry, Clayton, Fayette, or any other metro Atlanta county, Family Matters Law Group invites you to contact us via our convenient online form. We look forward to helping you navigate the GAL waters and your custody case.

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The CASA/GAL Model

Court Appointed Special Advocate® (CASA) and guardian ad litem (GAL) volunteers advocate on behalf of children who have experienced abuse or neglect. Their best-interest advocacy helps ensure that children are safe, have a permanent home and have the opportunity to thrive.

Our model and how it works

CASA/GAL volunteers are appointed by judges to advocate for children’s best interests. They stay with each case until it is closed and the child is in a safe, permanent home. We serve children from birth through the age defined by state statute as the limit to youth remaining in care.

Volunteers work with legal and child welfare professionals, educators and service providers to ensure that judges have all the information they need to make the most well-informed decisions for each child.

Our best-interest advocacy is driven by the guiding principle that children grow and develop best with their family of origin, if that can be safely achieved. Most of the children we work with are in foster care, but some are with their family of origin. And, most children who leave foster care do so to return to their family.

Best-interest considerations in each case include health, safety, day-to-day care, and emotional ties. 

What’s the difference between a CASA volunteer and a GAL volunteer?

• CASA = Court Appointed Special Advocate
• GAL = guardian ad litem
• The titles vary by location, but both are appointed by the court to advocate for the best interest of children who have experienced abuse or neglect.

Who are our volunteers, and how are they prepared?

• CASA/GAL volunteers are regular people, from all walks of life, who have been rigorously screened and trained extensively by their local program.
• Each volunteer receives more than 30 hours of training before they work with a child, with an additional 12 hours of continued education required annually.
• Volunteers receive ongoing support to help them advocate effectively on a child’s behalf.
• Each year, CASA/GAL programs train more than 24,000 new community advocates.

How are CASA/GAL volunteers different than social workers, attorneys and others working with children in court?

• CASA/GAL volunteers are assigned to only one or two children or sibling groups at a time.
• Our volunteers stay involved on the case from the time of appointment until the child achieves permanency.
• Because of the small number of children a volunteer serves, they have more time to commit to each child.
• CASA/GAL volunteers are specially trained to consider issues relevant to the best interests of the child, which may be different than the interests of other parties or the child’s wishes. Traditional attorneys who represent children are required to advocate for their client’s—the child’s—wishes.

Be a CASA/GAL Volunteer

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Preparing for a Guardian Ad Litem Meeting

If the court in your divorce case or custody cases ordered the appointment of a guardian ad litem , it is for the purpose of helping the court make a determination regarding child custody issues and visitation. If you know that your case has a guardian ad litem appointment, you may be curious about how to prepare for a guardian ad litem meeting. The following will help answer some questions regarding what a guardian ad litem typically asks and how best to prepare for this meeting.

You will want to take the time to prepare for your guardian ad litem meeting. While every guardian ad litem meeting will be different, you should consider the following highlights to ensure that you have the actual documents as well as the appropriate mindset going into the guardian ad litem meeting.

• Always have a positive and cooperative perspective and attitude
• Attempt to provide any requested documentation prior to your meeting with the guardian ad litem in order to make the entire process easier and show your willing cooperation
• Never use this as an opportunity to say terrible things about the other parent of your child, especially when asked questions regarding why the relationship ended.
• Take the time to carefully and accurately describe your relationship with your child and your current situation
• Remember never to take any question that a guardian ad litem asks with offense or personally - they are simply attempting to find out what is in the best interest for your child
• Bring all relevant and important documents to your meeting as well as a list of all people involved with your child on a regular basis
• Bring contact information for all teachers, coaches and doctors
• If the guardian ad litem asks questions about the other parent simply answer honestly and have actual examples to provide instead of just an overall generalized feeling
• Always be respectful to the guardian ad litem, they are just doing their job in attempting to determine what is in the best interest for your child.
• Never coach your child regarding what to say to the guardian ad litem

At the end of the day, you will want to make sure that you always fall back on the statement that you are wanting what is in the best interest of your child. While this entire process can seem scary and overwhelming, ultimately, the job of the guardian ad litem is to provide a recommendation regarding what will be in the best interest of your child. Give them the resources, information, documentation, and testimony they need in order to help them make their decision.

The entire process involving a guardian ad litem takes approximately 90-120 days. This will add three to four months to your entire divorce time. The guardian ad litem should give you a notification when the report is actually completed, which will be before the court hearing. If you do have a hearing coming up quickly, you have time to actually make an objection to the report and offer additional evidence to the court. If you fail to issue your objection before the court hearing, just bring all of your documentation and paperwork with you regarding your objections, along with copies. The judge has full discretion and authority to make a determination regarding whether or not they will allow your paperwork in court.

You are not legally required to have legal counsel for any part of a divorce process. However, one of the most important aspects to a divorce is the child custody schedule and the child support calculations. If you receive notice that a guardian ad litem is assigned to your case it means that the judge may have reservations about giving you custody of your children. In this case, you should seriously consider having legal representation in order to ensure the best possible chance to receive the most custody time with your children.

There are several other legal matters that are included in the divorce process such as the possibility of the appointment of a guardian ad litem. If you make the decision to have legal counsel during this process, you can ensure your legal rights remain protected concerning your children and your financial interests. Contact an experienced divorce lawyer at Arnold & Smith, PLLC with offices in Charlotte, Monroe and Mooresville, North Carolina at 704.370.2828 or online today to schedule your consultation.

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Legal Dictionary

The Law Dictionary for Everyone

Guardian ad Litem

The legal term guardian ad litem (“GAL”) refers to an individual appointed by the court to represent the best interests of a minor child in legal proceedings, such as divorce , child custody , child abuse and neglect, and parental rights and responsibilities cases. A guardian ad litem has a unique responsibility to the child, protecting only his interests in cases that are frequently fraught with high emotions and conflict. In many jurisdictions, the court appoints an attorney to specifically represent the child as the GAL, though another qualified adult not a party to the case may serve in this position. Guardians ad litem are also appointed to represent the interests of mentally ill or disabled adults. To explore this concept, consider the following guardian ad litem definition.

Definition of Ad Litem

• For the purposes of legal action only.
• For a particular action or proceeding.

1760-1770        Latin

Difference Between a Guardian and a Guardian ad Litem

A guardian is any individual legally responsible for a minor child or mentally incapacitated adult (“ward”), including their property and financial assets . A guardian ad litem is appointed specifically to represent such an individual’s interests in legal proceedings, and has no authority over the ward’s assets. Because this responsibility requires guidance in a legal environment, many states require guardians ad litem to undergo training. In many jurisdictions, volunteers with CASA (Court-Appointed Special Advocates), who are trained within their respective counties, are appointed as guardians ad litem.

History of the Guardian ad Litem

Prior to the early 1900s, minor children and incompetent adults had few rights in legal actions. In 1938, the Federal Rules of Civil Procedure addressed the rights of these under-served individuals in three ways:

• Legal guardians are allowed to sue or defend against legal action on behalf of minor children and incompetent adults.
• Minor children and incompetent adults are allowed to name a representative, or guardian ad litem, to sue for them.
• Federal courts are encouraged to appoint a guardian ad litem for children and incompetent adults not already represented in a legal action. In this, the courts have discretion, and are not required to appoint a GAL.

Increased Use of the Guardian ad Litem for Adults and Children

Throughout the 1970s and 1980s, a steep rise in divorce cases, and increased reporting of child abuse and neglect led to the creation of laws specifically geared to outlining training requirements, qualifications, duties, and authority of guardians ad litem. These laws also specified situations in which a GAL is required to be appointed, taking away some of the discretionary powers of the court in situations of abuse and neglect. Additionally, the guardian ad litem for child custody has found increasing support in the U.S.

Responsibilities of a Guardian ad Litem for Adults and Children

A guardian ad litem’s primary responsibilities are to help ensure the best interests of the child he represents are met, and to help shield the child from the distressing experience of litigation . The GAL investigates the facts of the legal case as they apply to his ward, interviews witnesses, and gathers important information. The GAL then makes recommendations to the court, often testifying at trial , on issues of custody, visitation , and other issues that affect his ward. In some jurisdictions, the GAL’s responsibilities continue after court orders have been made, in order to ensure the court’s ruling is adhered to.

Specific responsibilities often include:

• What has happened to bring the ward into litigation
• The needs of the ward
• The ward’s needs regarding safety
• Treatment or counseling plan for the ward and/or family
• The permanent resolution that would be in the ward’s best interest
• Whether services ordered by the court are being provided
• Whether progress is being made by the parents and/or family
• Whether there are additional issues that need to be addressed by the court

Traditionally, the qualifications and training required, low or non-existent pay, and the potential of a GAL to be sued by unhappy parents, have resulted in an insufficient number of individuals willing to serve as guardians ad litem. This sometimes results in a backlog of cases in the court.

Other Situations in Which Guardians ad Litem are Appointed

Family law and child abuse and neglect are not the only circumstances in which a GAL is appointed. The court may appoint a GAL to represent a minor child or mentally ill or disabled person’s interests in probate matters, or in personal injury, medical or legal malpractice , or other civil litigation matters. In such a case, the GAL may review the terms of any settlement offers to ensure they are fair, and in the best interests of the ward.

Related Legal Terms and Issues

• Jurisdiction – The legal authority to hear legal cases and make judgments; the geographical region of authority to enforce justice.
• Probate – The legal process of administering an estate after death.
• Personal Injury – The branch of law that deals with injuries to the body, mind, or emotions, as opposed to property.
• Malpractice – Improper, careless, wrong, or illegal actions by someone, such as a doctor or lawyer , providing professional duties or services.

What is a Guardian ad litem?

Posted on Jul 8, 2019 by Katie Carter

Nothing strikes fear in the mind and soul of a mom more than the threat of a custody case – especially when dad is unreasonable, unwilling to compromise, or somehow an inappropriate caregiver.

It happens a lot. Even dads who were never formerly involved – or who did some terrible things – can petition the court for custody and visitation. Dads can even petition the court for visitation of a child who is a breastfeeding infant. Really, any dad, at any time, in any set of circumstances, can petition the court for custody and visitation.

That’s…kind of how the system works. After all, it’s not like you have the final say in what happens. It’s not like he does, either, of course. But in cases where mom and dad clash, Virginia law says that the court can make a decision. The court uses the best interests of the child factors to determine what kind of custody and visitation arrangement is most appropriate, and in July 2018 the law also changed to say that the judge must equally consider all types of physical custodial arrangements (primary, shared, and split physical custody, specifically) equally.

So, what does that mean? How do courts decide custody and visitation?

Well, it really does all come down to the best interests of the child , like I mentioned above.

It’s a pretty complex weighing of factors, and the facts and circumstances in each case present a little bit differently. Though I’ve had plenty of custody cases with similar attributes (like, say, a relocation), the facts are always different and somewhat unique. No two custody cases feel exactly alike and, as such, it makes sense that in each case different issues would take center stage.

In a custody case, typically each parent has an attorney. That attorney presents their case, pokes holes in the other party’s case, and generally does everything he or she can to describe a parenting arrangement that he or she believes is in a child’s best interests.

Children – by definition – are minors. They don’t typically go out and hire their own attorneys, the occasional Jodi Picolt bestseller notwithstanding. Mostly, children are left out of the entire process, and mom and dad’s lawyers are the ones making all the racket.

That’s why, in many of these cases, a Guardian ad litem is appointed to represent the interests of the children to the court. A Guardian ad litem (or GAL, as we often call them) is an attorney appointed to represent child. Just like your attorney can conduct discovery, hold depositions, introduce evidence, question witnesses, and make opening and closing statements, so too can the Guardian ad litem. He or she is an attorney – just one who happens to be representing a party who (almost certainly, at least) isn’t present.

What kinds of attorneys become Guardians ad litem?

Lots of attorneys become Guardians ad litem. Like every other kind of attorney, there are good Guardians ad litem and bad Guardians ad litem. That should probably come as no surprise.

But Guardians ad litem aren’t therapists or experts in child development, though they do receive special training (and continue to receive special training for so long as they maintain their status as Guardians ad litem). They have standards to govern their conduct which set forth specific things that a Guardian ad litem is supposed to do – for example, talk with the child, conduct home visits, and so on.

Can we choose our Guardian ad litem?

Sometimes! Sometimes they are court appointed, but if your attorney and your child’s father’s attorney agree on a person to serve as Guardian ad litem, the judge will often honor that specific request. Attorneys do often choose to select their own Guardians, if only to avoid getting someone they don’t know and who may or may not do a good job.

We’ve almost all had horror stories with Guardians ad litem who are difficult to reach and don’t do their work until the 99th hour – or even at all. But, still, removing a Guardian ad litem is virtually impossible, and virtually suicidal to attempt. (After all, do you REALLY want a Guardian ad litem that you’ve tried to remove – especially if all or part of your argument has to do with telling a judge that he or she didn’t do her job? – making a recommendation about whether or not you should have custody of your child? Didn’t think so.)

It’s almost always best to try to work with your attorney and your child’s father’s attorney to select someone who does a good job. You probably won’t like him or her very much, anyway, but that’s part of the job. One of our attorneys, Caitlin Walters , worked as a Guardian ad litem in her former life, and she always said that she wanted to make sure both parents didn’t like her to avoid any allegations that she showed favoritism to one side or the other. Still, anxious, worried parents say that all the time. They even analyze how much time the Guardian spends talking to dad versus mom, or whatever. It’s not easy to like someone with so much power over your ultimate outcome, is it? Especially when it almost always seems like the Guardian ad litem is a bit of a wildcard.

How do I know what the Guardian ad litem will say?

One of the Guardian’s responsibilities is preparing a report prior to the final hearing is issuing a final report.

Until we get that report, which is often on the eve of trial, we don’t know exactly what he or she will recommend.

And it’s powerful – in a lot of cases, judges rely heavily on Guardians ad litem to help them make decisions. After all, the judge only has an hour or two, tops, with all the parties – and can’t really perform home evaluations, talk to teachers or therapists, or even speak candidly with the child. The judge is often the person in the room who knows the least about the case, and it’s difficult for them to rule on custody and visitation without the Guardian ad litem’s perspective.

That’s not to say that the judge always sides with the Guardian. But Guardians ARE very well respected, and very important contributors in these custody cases. So you should take your Guardian, if one is appointed, very seriously.

Who pays for this third attorney?

You do! You and your husband share the cost. It’s one of the many, many reasons that custody cases are expensive. There are a lot of variables you can’t control, and whether or not a Guardian ad litem is appointed is one of them.

Judges – I think, anyway – prefer Guardians to be appointed, especially in cases where there are complex issues. I actually prefer a Guardian to be appointed in many cases, mostly because I feel like my client is generally a better caregiver than the child’s father is! I do, though, try to ensure that I can have at least a little bit of say in who is appointed, especially since there’s a whole host of Guardians who don’t do the world’s most stellar job.

Cases in the juvenile court are a little more flexible with payment plans than in the circuit court, but, still – it’s a third attorney that you’ll have to pay for, if one is appointed.

Guardians ad litem are important contributors in a custody case, and you’d be wise to take the Guardian’s role seriously. For more information, request a free copy of our custody book , read one of our free reports (there are a couple on GALs specifically that you’ll want to check out), or set up an appointment to talk to one of our licensed and experienced Virginia divorce and custody attorneys by calling our office at 757-425-5200.

What Does a Guardian ad Litem Do in South Carolina?

by Futeral & Nelson, LLC | Jul 28, 2023 | Divorce , Family Law in Charleston, South Carolina

As child custody lawyers in Charleston , we frequently deal with a guardian ad litem (GAL) in a private custody dispute. In this article, we will explain what a GAL does, what you should not say to a GAL, and how to become a GAL in South Carolina.

What Does a Guardian Ad Litem Do in South Carolina?

Whenever there is a dispute between parents over a child’s custody , the family court appoints a guardian ad litem to become involved in the case. In South Carolina, a guardian ad litem is a formal advocate for a child involved in a court proceeding such as a family court. Although the GAL generally is appointed at the beginning of a case, the court can appoint a GAL at any time in the legal proceeding when the best interests of the children are at issue.

South Carolina’s guardian ad litem statute, beginning at Section 63-3-810, provides that in private custody disputes, the family court may appoint a guardian ad litem if the parties consent to an appoint or if the court determines that without a guardian, “the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem . . . .”

The Guardian Ad Litem’s Job – The guardian ad litem’s job is to impartially investigate matters concerning the child and to communicate to the court about a child’s welfare and about what would be in the child’s best interest. The GAL will investigate the facts, participate in negotiations, and take a position in court as to the child’s welfare. The GAL also may become involved in the financial issues of a case when those issues affect the children.

An investigation by the Guardian – In the investigation, the GAL interviews the parties in the case, reviews the paperwork filed with the court (the pleadings), visits the child’s home or proposed home, interviews the child, and interviews other witnesses. The GAL may also review relevant records, such as school, medical, or mental health records. The GAL may ask other experts, such as a social worker or a psychologist, to provide input and possible future testimony regarding the case. If there are problems with alcohol or drugs, the GAL may ask the judge to order a parent to have screening tests.

Under South Carolina law, there is no official guardian ad litem home visit checklist. However, GALs are typically looking for the same things when they make a home visit. For example, the GAL will assess how secure your home is, talk to you and your children, determine whether there is sufficient food in the home for your children, and note whether each child in your home has their own room and bed.

Oftentimes, we are asked about what not to say to a guardian ad litem. Of course, we want our clients to be truthful when they speak with the GAL. That being said, there are good and “bad” ways of speaking the truth. For example, here is a list of nine things you should not say to a GAL:

• Negative Comments About the Other Parent – If you have legitimate concerns about the other parent such as drug and alcohol abuse, physical abuse, emotional abuse, or other significant concerns, you should share those with the GAL. Otherwise, you should avoid making negative comments about the other parent because the GAL may get the impression that you are the reason for the conflict with the other parent.
• Refusing to Answer the GAL’s Questions – As detailed in this article, the GAL has a major role to play in gathering information for the family court. So, very few topics are “off limits.” If you refuse to answer questions then, again, you may give the impression that you are the source of the conflict.
• “My Kids” vs. “Our Kids” – When you refer to your children as “my children” instead of “our children,” you may give the impression that you are possessive of your children and that you will be less likely to foster a relationship between your children and the other parent.
• Arguing with the GAL – We understand that a custody dispute is highly emotional and can wear heavily on any parent. Also, the GAL may make comments or ask questions that are upsetting to you. Lastly, the GAL may say or act in a way that gives you the impression that the GAL is siding with the other parent. However, if you let your emotions get the best of you and you argue with the GAL, you may hurt your chances of getting custody of your child. Overall, if the GAL is making poor recommendations or is biased toward the other parent, it is best to have your lawyer deal with those issues.
• Griping About Non-Custodial Issues – Don’t spend time complaining about marital troubles that have nothing to do with your children. Keep your focus on sharing information that relates directly to custody and parenting time.
• Own Your Mistakes – If you’ve made mistakes in the past concerning your children, acknowledge those mistakes without making excuses. Also, share how you have learned from your mistakes or what steps you’ve taken to avoid those mistakes in the future.
• Your “Rights” – The GAL is not concerned with your rights in the custody dispute. Rather, the GAL is focused solely on the children and what may be in their best interests. If you focus on yourself, you may give the GAL the impression that you are more concerned with putting your own needs over your children’s needs.
• Exaggerating the Circumstances – Do not overstate the issues or facts that you discuss with the GAL. If you embellish the details, then you may give the impression that you are trying to manipulate the GAL, you are being dishonest about the circumstances, and/or that you are not a reliable source of information about your children.
• Persuading the GAL – Do not try to win the GAL over to your side. When you try to persuade a GAL, you may give the impression that you are manipulative. Leave the persuading to your lawyer.

Recommendations by the Guardian – The GAL may make recommendations to the court to help the child’s welfare and to protect the child from some of the conflicts that may arise between the parties such as between divorcing parents. The GAL also helps the child understand the court process and the role of every person in the courtroom such as the judge, the bailiffs, the court reporter, and the attorneys. In investigating and developing input for the court’s consideration, the GAL may consider the child’s wishes, the wishes of both parents, the child’s interaction and relationship with family members, the child’s adjustment to home, school, religion, and community, the child’s age and developmental and educational needs at various ages, the mental or physical health of a parent, the child, or other person living in the proposed custodial household, the cooperation and the communication between parents and whether either one unreasonably refuses to cooperate or communicate with the other, a parent’s likelihood to interfere in the other parent’s continuing relationship with the child, any physical abuse or problems with alcohol or drugs, and other significant factors that would affect the child’s well-being.

The Guardian’s Preliminary Report – After the investigation, the GAL will give the parents and their attorneys a preliminary summary report of what the GAL will present to the judge. Later, the report could change depending on additional evidence or facts that are uncovered. Afterward, if the parents cannot agree on how to settle their dispute, the case is prepared for trial before the judge, who will make the final decision.

The Guardian’s Fees – The judge decides who pays for the GAL’s services. Oftentimes, each parent is responsible for one-half of the GAL’s total costs, including the GAL’s time and investigation costs, such as tests and experts. The court also may require the parents to pay an initial deposit and periodic payments to the GAL during the case.

How to Become a Guardian Ad Litem in South Carolina

If you are interested in the South Carolina Guardian ad Litem Program and becoming a GAL, then you must:

• Be twenty-five years of age or older;
• Possess a high school diploma or its equivalent;
• Complete a minimum of nine hours of continuing education in the areas of custody and visitation and three hours related to substantive law and procedure in family court; and
• Observe three contested custody merits hearings prior to serving as a guardian ad litem

After you are qualified, you must complete annually 6 hours of continuing education courses in the areas of custody and visitation.

If you have been convicted of crimes against other persons, crimes against “morality and decency;” domestic violence, drug crimes, contributing to the delinquency of a minor, or on the Department of Social Services Central Registry of Abuse and Neglect, then you cannot be appointed as a GAL.

For information on S.C. Guardian ad Litem training, visit the South Carolina Children’s Guardian Services website .

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Russia-Ukraine war live: Moscow says it has shot down 36 Ukrainian drones – as it happened

Claims drone strike or debris from downed drone has caused fire in oil refinery near Black Sea in Russia

• 29 Oct 2023 Closing summary
• 29 Oct 2023 Russia says it shot down 36 Ukrainian drones
• 29 Oct 2023 Summary
• 29 Oct 2023 Russia would confiscate European assets if frozen funds 'stolen' by EU
• 29 Oct 2023 Belarus leader says 'situation is now seriously stalemate'

Russia says it shot down 36 Ukrainian drones

Russia’s defence ministry says it shot down 36 Ukrainian drones over the Black Sea and the Crimean peninsula overnight on Saturday.

“The air defence systems in place destroyed 36 Ukrainian unmanned aerial vehicles over the Black Sea and the northwestern part of the Crimean peninsula,” the ministry wrote on Telegram, Associated Press reports.

Local authorities in Russia’s southern Krasnodar region, which borders the Black Sea, said that a fire broke out at an oil refinery in the early hours of Sunday, but did not specify the cause. “The reasons for the incident are being established,” a statement from local authorities said, amid claims in local media outlets that the fire had been caused by a drone strike or debris from a downed drone.

In Ukraine , the country’s air force said it had shot down five Iranian-made Shahed exploding drones launched by Russia overnight.

Closing summary

It’s coming up to 8pm in Kyiv and the Ukraine war live blog is about to close. Here’s a summary of the days’ events:

Russia says it has shot down 36 Ukrainian drones over the Black Sea and the Crimean peninsula. There were claims in local media outlets that a fire at an oil refinery in the early hours of Sunday had been caused by a drone strike or debris from a downed drone. Ukraine has said it shot down five Iranian-made Shahed exploding drones launched Russia overnight.

State media in Russia has reported that more than 100 Ukrainian soldiers were killed in Yuzhno-Donetsk over the past 24 hours. The 58th motorised infantry, 79th air assault brigades of the Ukrainian Armed Forces and the 128th territorial defence brigade were reportedly involved in the attack by Russian troops.

Russia would confiscate assets belonging to EU states it deems unfriendly if the bloc “steals” frozen Russian funds in a drive to fund Ukraine , a top ally of Vladimir Putin said . The comments were made after Ursula von der Leyen, the president of the European Commission, said that the EU executive was working on a proposal to pool some of the profits derived from frozen Russian state assets to help Ukraine and its post-war reconstruction.

Ukraine and Russia are locked in a stalemate on the frontlines of their war and the two sides need to sit down and negotiate an end to the conflict , Alexander Lukashenko, the Belarus president, said. Lukashenko, a key Putin ally, described the current state of the conflict as “head-to-head, to the death, entrenched … seriously stalemate.”

Russian forces are believed to have suffered some of the country’s biggest casualty rates so far this year as a result of continued “heavy but inconclusive” fighting around the Donetsk oblast town of Avdiivka .

Four Ukrainian police officers were wounded when a shell fired by Russian troops exploded by their police car in the city of Siversk , located in the partly occupied Donetsk oblast .

A third round of Ukrainian-backed peace talks opened in Malta, but without Moscow. In a statement, the Ukrainian president, Volodymyr Zelenskiy , said 66 countries had taken part, proof that his plan “has gradually become global”.

That’s it from me, Donna Ferguson , for now. Thanks for following along.

Russians commemorated the victims of Soviet state terror on Sunday, in a subdued event that demonstrates how the Russian government has continued its crackdown on dissent in the country.

The “returning of the names” event is traditionally held in Moscow every year on 29 October, the eve of Russia’s Remembrance Day for the Victims of Political Repression, at the Solovetsky Stone memorial Lubyanka square, to victims of Soviet-era repression. It involves the reading out of names of individuals killed during Joseph Stalin’s Great Terror of the late 1930s.

However, since 2020, Moscow authorities have refused to grant a permit for the event, which is organised by the human rights group Memorial.

This refusal is allegedly owing to the “epidemiological situation” and a ban on holding public events, though supporters of Memorial believe the refusal is politically motivated.

Memorial was itself ordered to close by the Moscow authorities in November 2021. Although it was shut down as a legal entity in Russia, the group still operates in other countries and has continued some of its human rights activities in Russia.

Instead of a demonstration, on Sunday Muscovites and several ambassadors from western countries, including the US envoy, laid flowers at the Solovetsky Stone. The subdued event took place under the watchful eyes of police, according to Associated Press.

Banned from holding a gathering on Lubyanka square, Memorial organised a live broadcast of the reading of the victims’ names, from Moscow and other Russian cities, as well as from abroad.

Russian prosecutors are seeking a three-year prison sentence for Oleg Orlov, a human rights campaigner and co-chair of Memorial.

Russia’s former president, Dmitry Medevedev, has claimed Europe was short-sighted when it moved away from Russian oil.

“Europe has castrated itself in bloody fashion and without anaesthesia by walking away from energy cooperation with our country,” Russian news agencies quoted Medvedev, now deputy secretary of the security council, as saying on social media. “This cooperation is either spoiled or frozen for some time.”

Medvedev, president from 2008 to 2012, has positioned himself as one of Russia‘s most vocal hardliners, reports Reuters.

He cast Russia as previously a “predictable partner of Europe”. But now, he noted according to Russian state news outlet Tass: “We are now not even neighbours, but real enemies. And now the EU is raving about the complete unpredictability of Russia, building crazy conspiracy theories, spending astronomical sums to maintain its security.”

Russian victory in Avdiivka would “lock Ukraine out” of the southern Donbas, warns Michael Clarke, distinguished fellow at the Royal United Services Institute and visiting professor in defence studies at King’s College London, in the Sunday Times:

Russia’s renewed attack at Avdiivka, which began on the weekend of October 7, is particularly significant. The Russians have diverted scarce resources to try, yet again, to surround the city, bringing in about six brigades and a great deal of air power and artillery from other units, bombarding the two Ukrainian brigades holding the city. So far, Ukrainian forces have defended the town fiercely and the Russians have not completed an encirclement — though they will keep trying. Avdiivka is becoming another Bakhmut. Except that Bakhmut had no real strategic importance. It was a symbol the Wagner mercenaries wanted to create for themselves. But Avdiivka does have genuine strategic value: it is on a key route into the city of Donetsk, as close to the airport as it is to the northern suburbs of the city. The road system makes Avdiivka the gateway to southern Donbas. The Ukrainians have held it against Russian pressure since last year. It is Kyiv’s route to victory in that sector. If they lose Avdiivka now, they will be locked out of the south, and most of what they have achieved in the Donbas further north will count for little. Ukraine’s 1st Tank Brigade has been brought in to defend Avdiivka, while parts of the hard-fighting 47th Mechanised Brigade have been pulled out of the main southerly thrust from Zaporizhzhia and sent east to help defend the city. Fierce battles have been going on for control of the coke and chemicals plant on Avdiivka’s northern flank and the sand quarry at the village of Opytne on the southern flank. These two miserable industrial sites really matter.

About 2,000 Ukrainians were registered to participate in a 1km race in Kyiv today to honour those who have been killed or injured during the war with Russia .

It was not immediately clear how many people participated in the race, which took place this afternoon. Runners wore bibs displaying the name of a relative or friend who had been killed, taken captive, or injured during the war. Funds gathered were also earmarked to go towards Ukraine’s air defences.

Last night, the Russian military dropped four guided aerial bombs on Novoberyslav, Kherson Oblast, damaging no homes and injuring no one, as per Kherson Regional Military Administration. 📷 Telegram/Kherson OVA pic.twitter.com/xXGKAkLFu8 — Euromaidan Press (@EuromaidanPress) October 29, 2023

More than 1,500 Ukrainian-made FPV drones purchased under the state program were sent to Donetsk sector of the front. Source: Mykhailo Fedorov, Minister of Digital Transformation of Ukraine pic.twitter.com/mBclErcgpJ — UkraineWorld (@ukraine_world) October 29, 2023

Russian state media has reported that more than 100 Ukrainian soldiers were killed in Yuzhno-Donetskover the past 24 hours.

“Units of the Vostok group of troops, in cooperation with army aviation and artillery, repelled four attacks by assault groups of the 58th motorized infantry, 79th air assault brigades of the Ukrainian Armed Forces and the 128th territorial defense brigade in the areas of the settlements of Urozhaynoye, Novomikhailovka and Staromayorskoye of the Donetsk People’s Republic Republic,” a ministry of defence report cited by Ria said.

It added that “Russian units defeated the personnel of the 72nd mechanized brigade of the Ukrainian Armed Forces near Ugledar and the village of Vodyanoye”, with “about 130” soldiers killed, and “an armored personnel carrier, two cars and a D-20 howitzer” destroyed. It did not provide information on Russian losses.

The state media outlet went on to detail a series of other reported Ukrainian losses from over the weekend.

The UK ministry of defence has cited unspecified reports that the Russian government is attempting to suppress discussion of “negative political, economic and social trends” at universities.

Latest Defence Intelligence update on the situation in Ukraine – 29 October 2023. Find out more about Defence Intelligence's use of language: https://t.co/e5jfGrOgUe 🇺🇦 #StandWithUkraine 🇺🇦 pic.twitter.com/BVP3h4wbpW — Ministry of Defence 🇬🇧 (@DefenceHQ) October 29, 2023

The Ukrainian Interior Ministry published photos of the aftermath of massive Russian strikes on the Kherson region. pic.twitter.com/2LSrvxwKE2 — NEXTA (@nexta_tv) October 29, 2023

Volunteer Ukrainian soldiers have been pictured undergoing intensive military training outside of Kyiv ahead of their deployment.

Russia would confiscate assets belonging to EU states it deems unfriendly if the bloc “steals” frozen Russian funds in a drive to fund Ukraine , a top ally of president Vladimir Putin said . It comes after Ursula von der Leyen, the president of the European Commission, said that the EU executive was working on a proposal to pool some of the profits derived from frozen Russian state assets to help Ukraine and its post-war reconstruction.

Russia and Ukraine are locked in a stalemate on the frontlines of their war and the two sides need to sit down and negotiate an end to the conflict , the Belarus leader said. Alexander Lukashenko, a key Putin ally, described the current state of the conflict as “head-to-head, to the death, entrenched … Seriously stalemate.”

Four Ukrainian police officers were wounded when a shell fired by Russian troops exploded by their police car in the city of Siversk , located in the partly occupied Donetsk province .

Crimean schoolchildren are being trained as part of a military-patriotic programme called the “School of Future Commanders”.

In Sevastopol yesterday the training was conducted under the guidance of military personnel and included multi-sport racing, emergency medicine, and weapons handling.

Russian air defence systems shot down over 30 Ukrainian drones over the Black Sea and the Crimean peninsula overnight, the defence ministry has said.

“The air defence systems in place destroyed 36 Ukrainian unmanned aerial vehicles over the Black Sea and the northwestern part of the Crimean peninsula,” the ministry wrote on Telegram.

Local authorities in the southern Krasnodar region bordering the Black Sea said that a fire broke out at an oil refinery in the early hours of Sunday, but did not specify the cause, AP reports. “The reasons for the incident are being established,” a statement from local authorities said, amid claims in local media outlets that the fire had been caused by a drone strike or debris from a downed drone.

Drone strikes and shelling on the Russian border regions and Moscow-annexed Crimea are a regular occurrence.

In Ukraine , the country’s air force said today that it had shot down five Iranian-made Shahed exploding drones launched by Russia overnight.

Close to the front line in the country’s east, where Ukrainian and Russian forces are locked in a grinding battle for control, four police officers were wounded when a shell fired by Russian troops exploded by their police car in the city of Siversk, located in the partly occupied Donetsk province.

Russians commemorated the victims of Stalinist terror today, more than 20 months into Moscow’s Ukraine offensive that has been accompanied at home by a crackdown on dissent.

The Kremlin has doubled down on its version of history, which often glosses over Stalinist crimes – with public commemoration of Soviet-era repression seen as unpatriotic, AFP reports.

The “Returning of the Names” event was organised by Nobel Prize winning Memorial – a rights and historical memory group shut down weeks before Moscow launched its 2022 military campaign. Every year, the event sees people taking turns to read out the names of people executed during Stalin’s Terror between 1936 and 1938.

In Moscow, it is traditionally held at the Solovetsky Stone memorial to victims, sited opposite the Lubyanka headquarters of the KGB, now occupied by its modern successor FSB. AFP reporters said the square was encircled by metal barriers with a heavy police presence.

Oleg Orlov, the Memorial’s co-chair who was recently fined for denouncing the Ukraine campaign, attended the ceremony.

Several Western ambassadors, including the US envoy, laid flowers there. Memorial staged a live feed of the reading of the names from Moscow and other Russian cities such as Volgograd and Siberia’s Novosibirsk as well as from abroad.

• Ukraine war live
• Volodymyr Zelenskiy
• Vladimir Putin

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