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What are the roles of a parenting coordinator, Guardian ad litem, attorney representing the child, and special discovery master in your case?
Parenting Coordinator
The volatility of a divorce may extend into the realm of parenting, so much so that some parents may be unable to make mutually agreeable decisions for their child without explosive disagreements with their ex-spouse. Oftentimes, small disagreements may escalate and lead to more meaningful issues impacting the child. Parenting coordinators may be agreed to by the parties where there exists a high degree of conflict and they are able to make joint decisions regarding their child(ren). While most separating or separated parties do not require a parenting coordinator, with high-conflict parties, parenting coordinators are a more efficient solution than seeking the court’s help every time there is a disagreement over the parenting plan. The parenting coordinator is able to make decisions in real time versus waiting several months for a court order.
Parenting coordinators are akin to a referee. They help parties resolve parenting disputes that arise during or after a divorce. They first act as a mediator, encouraging the parties to compromise and come to a mutual decision together. However, if parents are not able to reach a resolution, the coordinator will step in and make the decision on behalf of the parents if permitted by their P.C. agreement. Such decisions the parenting coordinator may partake in, include:
Small changes or clarifications of the parenting plan
Coordinating exchanges of the child including transportation details
Extracurricular activities
Child’s travel arrangements
Child’s personal possessions
Communications between the child and parents when in the other party’s care
Contact with other family members
Mental health considerations
Religious decisions
Parenting coordinators are third party professionals who complete the necessary training approved by the Administrative Office of the Probate and Family Court. These licensed individuals include attorneys, psychiatrists, psychologists, social workers, therapists, and mental health counselors. Attorney Kathleen Ryder offers parenting coordinator services here at our firm. Click HERE to read more about the role of a parenting coordinator.
Guardian Ad Litem
The Latin phrase guardian ad litem translates to guardian ‘for the suit.’ A guardian ad litem (GAL) is a trained specialist who serves in an investigative capacity, as a neutral third party, producing written reports to the Probate & Family Court for cases concerning the care and custody of minor children. Their reports provide information regarding the child, their family, and their home life environment and often time include recommendations. GALs can be court-appointed or may be appointed by agreement of the parties. There are two types of GALs – Category F GALs and Category E GALs.
Category F GALs are attorneys who have substantial experience with child custody cases. They gather and analyze facts to make an informational report to the court and provide recommendations to the issues asked to investigate.
Category E GALs are mental health professionals and in addition to the standard report, they conduct and report mental health assessments.
A GAL’s primary focus is to gather and report facts, through both observation and interview, that will allow the court to make decisions for custody and parenting time that are in the child’s best interest. After information gathering, the GAL compiles a formal report, that is filed with the court, and often times includes detailed recommendations. For example, the judge may appoint a GAL to investigate and make recommendations on an appropriate parenting plan. The court typically reviews the GAL report once it has been filed and in advance of trial. Nonetheless a GAL may be called to testify at trial about their investigation and their recommendations. Their purpose is to promote uniform, consistent, and accountable investigations, to improve outcomes for children, and promote respect for the parties and children. Click HERE to read more on understanding the role of a GAL.
Attorney Representing the Child (ARC)
An attorney representing the child (ARC) may be assigned in some cases to advocate for the minor child’s wishes, even when not necessarily in their best interests. ARCs are court-appointed attorneys, volunteering their services to represent a child. The ARC meets with the child and reports to the court the child’s preferences. In instances where the child is young or has difficulty communicating their wants, if given permission by the court, the ARC may submit their own substituted judgment by explaining to their best discernment, what the child wants. The critical difference between the GAL and the ARC attorney is that the GAL is guided by the child’s best interests and the ARC is attorney is not. Therefore, the child may express a preferred outcome to the GAL however the GAL may determine that this outcome is contrary to the child’s best interests and recommend something different than the child’s preference.
Special Discovery Master
In a family law case, a discovery master is assigned on a case to hear facts of the case outside of the courtroom and make decisions on various discovery issues, order the payment of attorney’s fees, and even issue sanctions. Special Discovery Masters are attorneys who assist with conflicts that arise during discovery. They are appointed by the court at the judge’s discretion or may be requested by a party. Discovery Masters help expedite the discovery process for both parties. Typically, the court will adopt the master’s findings, but is not bound to do so. Discovery Masters are tasked with ensuring that proper discovery requests are responded accordingly.
At our office, both Attorney Ryder and Attorney Phelps have been appointed by numerous judges as guardian ad litem. Additionally, Attorney Ryder has prior experience as a court-appointed parenting coordinator and Attorney Phelps has been appointed as a master. This insight allows our office to provide clients with meaningful knowledge to prepare for their case.