Legal Question in Family Law in Illinois

A Guardian Ad Litem is appointed for a particular lawsuit

It is often said that the phrase �ad litem� in guardian ad litem, means �at law.� It does not. It actually means �for the suit.� This means a guardian ad litem is appointed for a particular lawsuit or legal proceeding. A child involved in more than one legal proceeding may have more than one GAL, i.e., one for each proceeding. A GAL in one case has no standing in other lawsuits, and when a particular lawsuit with an appointed GAL is over, the legal relation between that GAL and the child is ended.

A Guardian Ad Litem is appointed for a particular lawsuit

It is often said that the phrase �ad litem� in guardian ad litem, means �at law.� It does not. It actually means �for the suit.� This means a guardian ad litem is appointed for a particular lawsuit or legal proceeding. A child involved in more than one legal proceeding may have more than one GAL, i.e., one for each proceeding. A GAL in one case has no standing in other lawsuits, and when a particular lawsuit with an appointed GAL is over, the legal relation between that GAL and the child is ended.

Follow-up on the GAL question.

On December 6, 2002 you wrote by email:

�You responded to my question yesterday about GALs. I sent your reply to all of my friends and one replied with: That is not true, you have to petition the court to get the GAL dismissed according to 705 ILCS-405/2-7. We had a final ruling on visitation October 14th, 2002. My concern is if the GAL is still the GAL. Do I need to petition the courts to have him dismissed? You said that a GAL is only on for one case, when there is a final rule, then it is over and he is no longer on the case. I really need to know for sure.

Thanks for your help.�

I believe your friend meant 2-17 (Guardian Ad Litem), not 2-7 (Temporary Custody).

705 ILCS405/2-17, subsection (7) provides: �The appointed guardian ad litem shall remain the child's guardian ad litem throughout the entire juvenile trial court proceedings, including permanency hearings and termination of parental rights proceedings, unless there is a substitution entered by order of the court.�

In the case of a juvenile trial court proceeding, the above statute applies. Thus, as I stated earlier, the GAL is appointed for a particular lawsuit or proceeding, i.e., �the entire juvenile trial court proceeding.�

You say in your email: �We had a final ruling on visitation October 14th, 2002� but you don�t say what case context this �final ruling� is entered. For example, a �final ruling on visitation� would not necessary end a juvenile court proceeding, a paternity proceeding, a dissolution-custody proceeding, etc.

Perhaps your friend means that when a GAL is appointed in a proceeding, and that proceeding concludes in a final judgment, the GAL is still the GAL if new matters are raised in the same case on a later date. That is because it is the SAME CASE. By example, if a GAL was appointed during a contested custody matter, and the matter was concluded, but later, one of the litigants filed a new petition in the same case (e.g., for change of custody, change of support, modification of visitation, etc.), the litigant would be required to serve the GAL with the petition, and the GAL would remain in the case (unless dismissed by the court) because the GAL was appointed for THAT PARTICULAR CASE.

Note: nothing prevents a court from appointing the same GAL for more than one proceeding.

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