Commentary: Representing the child's best interest, not the child.

• Date: 30 July 2007
• Author: Herman, Gregg

Byline: Gregg Herman

Last week, I discussed a meeting which occurred in April 2007, during the spring meeting of the ABA Family Law Section in Monterey, Calif., when groups of lawyers from the ABA Family Law Section and the ABA Litigation Section met with representatives of the National Conference of Commissioners on Uniform State Laws (NCCUSL) to discuss the role of lawyers representing children in family law cases. The dispute centered around the issue of whether lawyers should serve in roles different from that of traditional client representation. This is the second in a series of articles discussing the role of the Guardian ad Litem, or GAL, with this article concentrating on the role of the GAL in Wisconsin. The 'Best interests' Concept As discussed last week, part of the dispute regarding the role of the GAL focuses on whether a lawyer should perform in a non-lawyer role. Usually, a lawyer represents a client. In Wisconsin, on the other hand, a GAL represents the "concept" of the best interests of the child. If the GAL's opinion as to the best interests of the child differs from the child's wishes, it is the GAL's role to advocate his or her opinion of the child's best interests. Weiderholt v...