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The role of a Guardian ad Litem in Virginia custody cases

A Guardian ad Litem (GAL) is a guardian appointed by the court to represent the interests of minors, the unborn, or incompetent persons in legal actions. In child custody cases, using a GAL is appropriate and sometimes necessary. The duty of a GAL is to see that the interests of the child are represented and protected. Since both parents have personal interests, the GAL is the only independent participant in the proceedings seeking solely to protect the child's interests. As such, the GAL has a crucial role throughout the custody proceedings. This role is so crucial that in 2003, the Supreme Court of Virginia issued standards to govern the performance of GAL for children. The standards are as follows:

Meet face-to-face and interview the child
Conduct an independent investigation in order to ascertain the facts of the case
Advices the child, in terms the child can understand, of the nature of all proceedings, the child's rights, the role and responsibilities of the GAL, the court process and the possible consequence of the legal action
Participate, as appropriate, in pre-trial conferences, mediation and negotiations
Ensure the child's attendance at all proceedings where the child's attendance would be appropriate and/or mandated
Appear in court on the dates and times scheduled for hearings prepared to fully and vigorously represent the child's interests
Prepare the child to testify, when necessary and appropriate, in accord with the child's interest and welfare
Provide the court sufficient information including specific recommendations for court action based on the findings of the interviews and independent investigation
Communicate, coordinate and maintain a professional working relationship in so far as possible with all parties without sacrificing independence
File appropriate petitions, motions, pleadings, briefs, and appeals on behalf of the child and ensure the child is represented by a GAL in any appeal involving the case
Advise the child, in terms the child can understand, of the court's decision and its consequences for the child and others in the child's life