by Imonikhe Ahimie

Created on: June 28, 2010

A Guardian ad Litem, aka a Law Guardian, is a court appointed attorney whose duty is to represent the interests of the child/children in a divorce or other proceedings where custodial rights are in dispute. Such disputes have become increasingly bitter so that even parents who truly love their child/children often lose sight of the best interests of minors in their attempts to win and/or get revenge.

Although specific legislation, rules and judicial interpretation differ from jurisdiction to jurisdiction, the role of a Law Guardian may be set out as follows.

The Law Guardian is the counsel for the minor/minors who find themselves the focus in custodial and/or visitation proceedings between their parents.  The Law Guardian’s duty is to protect the interests of the child/children as distinct from the interests of the parents who have their own counsels to do just that. The Law Guardian is a court appointed counsel and his duty is present what he/she believes to be his/her client’s best interests to the court.

Notwithstanding that the parties to the divorce are agreed as to how best to dispose of the child/children of their previous or soon to be previous union, the court may yet appoint a Law Guardian and the counsel so appointed will not be removed simply because one or both parents object to the appointment of a Law Guardian in general, or to the appointment of a particular counsel. The Law Guardian, as an attorney, is bound by all the ethical rules that regulate the relationship between counsel and client i.e. any minor/minors for whom said counsel acts. In this regard, the Law Guardian may not act as advocate on behalf of any other party in the proceedings than his client/s. If the Law Guardian, acting on behalf of multiple children, finds that there is the possibility of conflict or discovers that actual conflict exists in his representation of the minors, then he/she should ask the court to appoint additional counsel, so that each individual minor's best interests can be best secured.

As in all court proceedings, truth is of the essence. The courts take a very dim view of perjury and the Law Guardian has a duty to bring to the notice of the court any deceit on the part of any parent, for the primary interest of the court in making custodial and visitation arrangements is to secure the best interests of the minor/minors concerned.

The Law Guardian has to determine whether or not the child is impaired in any manner i.e. such child is unable to

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