Child Representation in the Time of COVID
Colleen M. Hurley • August 10, 2020
For those currently going through a family law matter that includes a minor child, it is likely that you may have a Child Representative or Guardian ad Litem appointed to your case. A Child Representative advocates on behalf of your child’s best interests in litigation, whereas a Guardian ad Litem acts as the “eyes and ears” of the court in producing a report which makes recommendations as to the best interest of the child.
In light of COVID, it is no doubt that Illinois family law matters have seen major changes. These changes include the fact that many court dates are now held remotely rather than in person, as well as Governor Pritzker’s executive order indicating that parenting time schedules shall continue as ordered during the pandemic. Indeed, travel for parenting time is deemed essential travel under such executive order, which clearly shows the Governor’s intent that the pandemic shall not frustrate a parent’s right to parent. Due to this, parents are facing new co-parenting issues that they may have never dealt with before, including possible disagreements as to how or when parenting time should be modified in light of COVID and the new normal of working from home, how e-learning should be handled for their child, or differing opinions as to what should be considered safe behavior as the pandemic continues.
Pre-COVID, courts often handled major points of disagreement between parents by ordering them to attend mediation. This is still true today, although mediation can take place remotely, rather than in-person, in many instances. Pre-COVID, courts often appointed Child Representatives or Guardian ad Litems where mediation is not practicable, nor not effective, for co-parents. This is also still true today, and arguably, more important than it ever was before. As the pandemic rages, and as parents deal with new co-parenting issues related to it, family law litigation is high, and the best interest of a child is often at the heart of it.
Child Representatives and Guardian ad Litems are answering the call, ensuring that they continue to look out for the best interest of a child during this unprecedented time. They are permitted to conduct meetings and interviews necessary to their appointment remotely, wherever possible. They are permitted to attend court remotely, as well. Child Representatives can file pleadings, and Guardian ad Litems can tender reports, electronically. Settlement conferences can be handled remotely, as well. They are educating themselves on the new legal issues that have arisen through COVID via remote continuing legal education, so they can stay up-to-date on recent developments and best practices. Child Representatives and Guardian ad Litems continue to be crucial to litigation involving children, and can be integral to resolving or mitigating conflicting between parents during this stressful time. Where parents may not have been able to agree on how to effectively parent during the pandemic, Child Representatives and Guardian ad Litems offer practical and real guidance in resolving conflict, getting parents back to doing what they do best: parenting their child.
If you or a loved one believe a Child Representative or a Guardian ad Litem may be beneficial to your case, consult with a trusted family law attorney about options available.
If you would like more information on this topic, please contact the author, family law attorney Colleen M. Hurley, at 312-888-4112 or churley@lavellelaw.com.
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