Archives: Guardian Ad Litem

Although the role of a guardian ad litem, or GAL, is settled in Wisconsin, the issue is highly contentious elsewhere. The dispute illustrates that, while the GAL role in Wisconsin is not perfect, it is better than most other alternatives.

This series of articles, written by Atty. Gregg Herman and published in the Wisconsin Law Journal, examines the role of the lawyers for children in family law cases.

A recent Wisconsin Court of Appeals decision, which is recommended for publication, contradicts long-held beliefs regarding the ability of parties to contract for determination of child issues outside of the court system.

Gov. Jim Doyle recently signed into law 2003 Wisconsin Act 130. Among other things, this bill creates a rebuttable presumption against awarding legal custody to a parent who has engaged in a pattern or serious incident of domestic abuse, requires a GAL and mediator to have training related to domestic violence and requires the GAL to investigate whether either party has engaged in domestic violence.

A frequent issue in family law revolves around a child’s privilege with his or her therapist. On occasion, one of the parents will attempt to secure the therapy records against the wishes of the other parent and sometimes, against the wishes of the Guardian ad Litem and the therapist. A recent Wisconsin Court of Appeals decision in a non-family law case may create serious problems in keeping these records private.