While it is welcome that the role of a Guardian ad litem is becoming more defined by this change. Will this lead to better management of a Guardian ad litem by the courts and better consumer protection? Judges are usually charged with the oversight and management of a Guardian ad litem. The reality of this dynamic is that there usually is little to none. This change is more than likely one that is self serving with the appearance of better consumer protection.
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The Legal Intelligencer
The Pennsylvania Supreme Court's decision earlier this month to alter the role of guardians ad litem in new procedural rules for custody cases should bring clarity to the role, several family law veterans said.
"When a child is suffering from harm or is in a diminished capacity, the guardian ad litem plays a very important role in speaking for the best interests of the child," said Delaware County Court of Common Pleas Judge Barry Dozor, liaison for the Family and Juvenile Division. "The new rules are welcome and they provide a clear explanation of the roles for both a guardian ad litem and also for an attorney representing a minor."
"It lets the guardian ad litem know what the rules of the game are," Dozor continued, "because like any professional that provides advice, he may be required to testify, to be cross-examined and give reports and records, and we treat him as we treat all expert testimony."
From a family law attorney's perspective, Michael E. Bertin, a partner at Obermayer Rebmann Maxwell & Hippel in Philadelphia, said the new rule brings welcome specification.
Full story: The Legal Intelligencer
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