Occasionally litigation involving families requires another voice: that of the child. The Guardian ad Litem records the child’s preferences and, of more importance, recommends the avenues to serve the best interest of the child. The Guardian ad Litem uses a communication process, which minimizes the negative effects that parental conflict and litigation can have on children.
Process
- In the initial phase a telephone call is made to each attorney to: establish goals, develop parameters for the intervention, and to gather demographic data of the families.
- During the second phase, the parents are interviewed in the office prior to the Guardian ad Litem meeting the children in each of their homes.
- The third phase includes gathering information through telephone interviews, personal interviews and requests for written information from other service providers and other informants.
- In the fourth phase the guardian’s recommendations are formulated and discussed with the parents giving the parents the opportunity to help shape recommendations that are in the best interest of the children. Experience has demonstrated that even highly contested issues can be resolved within the context of the guardian’s recommendations.
- The final phase, if necessary, involves a written report that is prepared for the court detailing the recommendations for the best interest of the children. The guardian then participates in court activity as needed.
Services
Services are only provided by court order. The first step in retaining services is a telephone consult with legal counsel to assure availability of Mediation & Facilitation Resources and the appropriateness of each case. Most Guardian ad Litem cases can be performed within sixteen weeks. Specific time frames are negotiated on a case-by-case basis.
Fees
The fee for Guardian ad Litem work is $100.00 per hour plus costs. A $3000 retainer must be specified in the court order and paid by the parents before services begin. An alternate retainer can be arranged by order of the court. If hours exceed the amount covered, an additional retainer is needed before completing the work. Cash or credit card payments are accepted.
Skills
The associates of Medication & Facilitation Resources have training and experience in conflict resolution, communication skills, family dynamics and the developmental needs of children.