What are the Differences Between a GAL and a Child Representative in Illinois Divorce?

December 30th, 2024 by Tiffany Hughes

Court proceedings can be complex, especially when children are involved. Courts often appoint professionals to represent the child’s best interests during divorces in Illinois. Two commonly appointed roles are Guardian ad Litem (abbreviated as GAL) and Child Representative. While these titles might seem interchangeable at first glance, they serve distinct purposes within the legal framework.

What is a Guardian ad Litem (GAL)?

A Guardian ad Litem is a court-appointed advocate for the child or children involved in divorce, custody dispute, or adjudication proceedings. The primary responsibility of a GAL is to investigate the child’s best interests and assess the child’s circumstances, including their home life, relationships with each parent, and overall well-being. This investigation often involves interviewing the child, their parents, and other relevant parties, as well as reviewing relevant documents and records.

What are the Key Responsibilities of a GAL?

1. Conducting interviews and assessments to gather information about the child’s situation.
2. Representing the child’s best interests in court proceedings.
3. Submitting a report to the court outlining their findings and recommendations.
4. Testifying as to the child’s best interests during court proceedings.
5. Participating in mediation or negotiations to help reach agreements that benefit the child.

What is a Child Representative?

Similar to a GAL, a Child Representative is appointed by the Court to advocate for the child’s best interests. However, there are notable distinctions between the two roles. Unlike a GAL, a Child Representative directly represents the child’s interests in court proceedings. They have the authority to make legal decisions on behalf of the child and to advocate for the child’s best interests in court proceedings.

What are the Key Responsibilities of a Child Representative?

1. Providing legal representation for the child throughout the divorce or custody process.
2. Making legal arguments, file pleadings, or provide testimony by examining witnesses.
3. Participating in negotiations and legal proceedings to protect the child’s best interests.
4. Maintaining confidentiality for older children and children worried that their conversation will get back to their parents.
5. Advocating for the child’s preferences and interests in court.

What are the Key Differences Between the GAL and Child Representative?

The primary distinction lies in the fact that a Guardian ad Litem (GAL) may be summoned as a witness or subject to direct or cross-examination by the involved parties. Acting as the court’s “eyes and ears,” the GAL cannot maintain confidentiality if put in front of a court. Conversely, a Child Representative or an attorney for the child is immune from being called as a witness or facing direct or cross-examination, thus ensuring a level of confidentiality and protection for the child’s best interests within the court proceedings. Additionally, Child Representatives can file pleadings and put on testimony that they think is necessary to protect the child’s best interests.

Some attorneys recommend a GAL for younger children, as GAL can amplify young voices who cannot speak for themselves, while Child Representatives are better for older children that want confidentiality. For divorce court proceedings in Illinois, the Judge will decide whether to appoint a GAL, Child Representative, or attorney for the child depending on the specific circumstances and needs of each court proceeding on a case-by-case basis.

Who pays their fees?

The Judge has the authority to mandate fees to be paid to the child’s attorney, Guardian ad Litem (GAL), or child representative. These fees can be covered by:

• Either or both parents,
• The marital or civil union estate, if relevant, or
• The child’s estate, if applicable.

In Cook County, if financial constraints prevent the payment of these fees, the judge may appoint an attorney to work on a case as GAL or Child Representative pro bono or appoint the Office of the Cook County Public Guardian as Child Representatives, which offers fees based on a sliding scale to accommodate varying financial circumstances.

How much does a GAL or Child Rep Cost?

The fee for a GAL/Child Representative typically varies based on the workload involved, with charges billed on an hourly basis. Occasionally, GALs/Child Representatives offer reduced fees or pro bono services may be assigned. However, in most court proceedings, parties are required to provide an initial retainer, with further payments expected as the court proceedings progress.

For divorce court proceedings in Illinois involving children, the appointment of a Guardian ad Litem or Child Representative is aimed at safeguarding the child’s best interests. While both roles of GAL or Child Representative share the common goal of advocating for the child’s best interests, their responsibilities and legal capacity differ significantly. Understanding these distinctions is crucial for parents navigating the complexities of custody disputes and divorce in Illinois, as these professionals play a vital role in shaping the outcomes that impact the lives of children involved. Both roles are essential in ensuring that the voices of children are heard and prioritized.

Need More Information or Representation?

If you are looking for legal representation in your custody dispute or need assistance working with the GAL or Child Representative in your court proceedings, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation for anyone filing for divorce in Illinois or engaging in a custody dispute with their ex, fighting for their child’s best interests, working with a Guardian Ad Litem or Child Representative in their court proceedings, or looking to know more about what a GAL is, what a Child Rep is, their differences, key responsibilities, and who pays their fees.

      About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.