In July of 2024, the Virginia Beach Juvenile and Domestic Relations District Court quietly issued an order stating that parents whose children are involved in a custody and visitation case would no longer be entitled to receive copies of the Guardian ad litem reports issued in their cases.
Full disclosure: As practicing family law attorneys, many of us have generally considered it customary to request that the GAL specifically allow us to share copies of the report generated in a client’s case with them. In almost every case, the GAL gave permission.
The court cited parents who gave copies to third parties and who shared on social media as part of the problem it was trying to correct, and stated that – instead of receiving copies of these reports – the parents can either read and review them in court or in their attorney’s offices. They will not, however, be able to make copies, take screenshots, or take pictures of the reports themselves.
It’s an interesting – and sort of unprecedented – development. As far as we are aware, the Court did not seek the opinions of any members of the local bar association. In fact, the Order itself was publicized in a recent Virginia Beach Bar Association newsletter with very little fanfare.
What is a Guardian ad litem?
A Guardian ad litem is an attorney appointed to represent the child (or children) involved in a custody case. A Guardian ad litem, or GAL, usually conducts home visits and interviews with the parents, as well as interviews with the child(ren) involved, before making a report. The report includes the details of the GAL’s investigation and, ultimately, a recommendation regarding custody and visitation.
Though the Guardian ad litem’s report is not binding on the court, many judges give the GAL’s opinion a lot of weight.
As, essentially, a third attorney in the case, the GAL can question and cross examine witnesses and introduce his own evidence in the hearing. Depending on the incomes of the parties, the parents or guardians involved will likely end up paying at least a portion of the Guardian ad litem’s fees.
The parents may object to a Guardian ad litem being appointed, but that objection could be overruled. The parents may also object to the appointment of a specific Guardian ad litem, or make a recommendation regarding a preferred GAL, but, again, those recommendations or requests could be overruled by the judge.
Is it good to have a Guardian ad litem?
It’s always difficult to give ‘one size fits all’ answers to these types of questions. Most parents HATE their Guardian ad litems, but, then again, that’s by design. Good Guardians ad litem don’t want to be seen as giving one side preferential treatment. Caitlin Walters, an attorney in our office who used to also do GAL work, used to say that she tried to make sure both sides didn’t like her – because then she felt safe from allegations of favoritism. Besides, it’s kind of hard to like someone who comes into your house and opens your bathroom cabinets, checks inside your refrigerator, and checks out all the bedrooms.
But it’s not about liking the Guardian ad litem; it’s not like you have to see him or her socially, after all. Will the Guardian ad litem do a good job? There are definitely some excellent GALs out there and I, personally, have had ones who have made literally all the difference in my cases. But there are also bad ones – and I have heard a lot of horror stories about bad ones. I’m sure you have, too.
It’s difficult, if not entirely impossible, to get a Guardian ad litem removed once he has been appointed in your case. Not only that, but if you modify your order, you are likely to find that the same GAL will be appointed again, if he is available.
So… A mother who didn’t want a GAL, and definitely didn’t want that GAL, may find out that the GAL has been appointed anyway, that the GAL will create a report that includes a formal recommendation for custody and visitation that the mother will have to pay for and that she will not be entitled to receive a copy of. She can only read that order either in her attorney’s office or in person at the court.
Why would the Court do this?
Well, no one asked me directly about this, so I admit: I haven’t heard the point of view of any judges. But, because they specifically mention sharing with third parties and sharing on social media, this is clearly a problem that the Court is attempting to combat.
If I had to guess, I’d say that the court is doing this to protect the ‘best interests of the child‘ by preventing unscrupulous parents from sharing Guardian ad litem reports online or with other people who would not protect the child’s privacy or would use the report with other motives in mind.
Does this Order do that? Does it protect children? It’s hard to say. I don’t think there’s any question that there could be some unintended consequences.
What do you think about the Court’s Order?
For more information, to schedule a consultation, or to request a copy of one of our divorce or custody books for Virginia moms, give us a call at 757-425-5200 or visit our website at hoflaw.com.