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What is a Gaurdian 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.

1. For the purposes of legal action only.

2. For a particular action or proceeding."

​​Courtesy of:  www.legaldictionary.com

 

GAL APPOINTMENT JUSTIFICATION:  "The Office of the Executive Secretary of the Supreme Court of Virginia maintains a list of attorneys admitted to practice law in Virginia who satisfy the Standards to Govern the Appointment of Guardians Ad Litem for Children adopted by the Judicial Council of Virginia pursuant to Virginia Code § 16.1-266.1. This list of attorneys who are qualified to serve as guardians ad litem for children is made available online and is also distributed electronically to the juvenile and domestic relations districts courts.

The appointment of a GAL by a juvenile and domestic relations district court is mandatory in certain cases and permissive in others. Virginia Code § 16.1-266 provides that a juvenile and domestic relations district court shall appoint a GAL in any case involving a child who is:

• alleged to be abused or neglected.

• the subject of an entrustment agreement.

• the subject of a petition seeking termination of residual parental rights.

• the subject of a proceeding where the parent(s) seeks to be relieved of the child’s care or custody.

A juvenile and domestic relations district court shall also appoint a GAL in cases involving a child who is:

• the subject of a foster care plan review or a hearing to review the child’s status in foster care. Virginia Code § 16.1-281

• seeking emancipation. Virginia Code § 16.1-332

• the subject of a proceeding by parents seeking to commit an objecting minor, 14 years of age or older, to a psychiatric facility. Virginia Code § 16.1-339

• the subject of a petition for involuntary commitment. Virginia Code § 16.1-341

The court may appoint a GAL in other cases, which in the discretion of the court require a GAL. Virginia Code § 16.1-266. These include certain custody cases where parents or persons claiming custody are represented by counsel (Virginia Code § 16.1-266), as well as those cases in which a petition is filed by a juvenile seeking judicial authorization for a physician to perform an abortion (Virginia Code § 16.1-241).

The circuit court may appoint a GAL for a child in a custody, visitation or support case incident to divorce proceedings and in appeals of cases from the juvenile court.

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The appointment of a guardian ad litem (GAL) is the prerogative and responsibility of the court hearing a case in which such an appointment is authorized.  Because the appointing court is in the best position to observe the quality of the representation provided by the GAL, it is the responsibility of the appointing court to make a determination about the quality of the guardian ad litem’s performance. 

If the judge believes that an unsatisfactory level of performance has been provided in any given case, the appointing court can reduce or eliminate the payment sought by the GAL for the services rendered, and can remove the lawyer from the case and from the list of attorneys eligible for GAL appointments in that court.  The Office of the Executive Secretary does not have the authority to investigate or take disciplinary action against a GAL.

If you believe that the GAL appointed to your case has engaged in misconduct in violation of a legal ethics rule, you may file a misconduct inquiry about the attorney with the Virginia State Bar.  You may contact the Virginia State Bar at (804) 775-0500 or visit www.vsb.org for additional information about filing a misconduct inquiry.

 

The appointment of a guardian ad litem (GAL) is the prerogative and responsibility of the court hearing a case in which such an appointment is authorized. Because the appointing court is in the best position to observe the quality of the representation provided by the GAL, it is the responsibility of the appointing court to make a determination about the quality of the guardian ad litem’s performance.  

If the judge believes that an unsatisfactory level of performance has been provided in any given case, the appointing court can reduce or eliminate the payment sought by the GAL for the services rendered, and can remove the lawyer from the case and from the list of attorneys eligible for GAL appointments in that court. The Office of the Executive Secretary does not have the authority to investigate or take disciplinary action against a GAL.

If you believe that the GAL appointed to your case has engaged in misconduct in violation of a legal ethics rule, you may file a misconduct inquiry about the attorney with the Virginia State Bar. You may contact the Virginia State Bar at (804) 775-0500 or visit www.vsb.org for additional information about filing a misconduct inquiry."  --Courtesy of:  www.vacourts.gov

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Link to the Virginia STANDARDS TO GOVERN THE PERFORMANCE OF GUARDIANS AD LITEM FOR CHILDREN can be found on the "Resource" page.