Archives: Guardian Ad Litem

After a year of writing this column for the Wisconsin Law Journal, it is time to take a look back at the main issues for the year.

On March 1, 2018, Loeb & Herman will debut Wisconsin Family Law Case Finder, a subscription based legal research service specifically designed for family law attorneys.

Surrogacy case is a “man bites dog” story which provides some lessons about our legal system.

There is no “magic age” for when children have a right to be heard, but GALs should be trained on how to talk to children who are caught in the middle of family battles.

Wouldn’t it be nice if there were an organization in which professionals from the family-law bar, mental-health providers and the courts come together in an effort to share information? That’s what The Association of Family and Conciliation Courts is all about.

At first blush, a court of appeals case which is not recommended for publication, but may be cited, presents the common and troublesome issue of a child making choices. Upon closer reading, however, the case is much simpler.

Hopefully, the Wisconsin Court of Appeals decision in Nehls will be relied upon only for the waiver issue, not approving the use of a GAL serving as a type of “special master” in deciding custody matters.

What would the role of a child’s representative be in a perfect world?

Much ink has been spilled over the GAL’s role, and much real and virtual debate has taken place. This article offers a discussion on the roles of lawyers for children other than the role prescribed in Wisconsin.

Usually, a lawyer represents a client. In Wisconsin, on the other hand, a GAL represents the “concept” of the best interests of the child.