Section 12.21 Duties of the Guardian ad Litem

• Library: Family Law Deskbook and 2014 Supp

5. (§12.21) Duties of the Guardian ad Litem

When the court appoints an attorney as a GAL in any custody proceeding involving allegations of abuse or neglect, the attorney should represent the child diligently and protect the child’s best interests. The GAL’s responsibilities include fact-finding and investigating the allegations of abuse and neglect as well as any other significant issues involved in the case. This investigation should include interviewing all persons with knowledge of the facts relating to the case, including the child, if appropriate. The GAL may also present evidence at the trial and question witnesses.

With respect to the exercise of these duties, the GAL acts as an arm of the court. The court appoints the GAL to the case, and the GAL reports the findings to the court. Thus, in State ex rel. Bird v. Weinstock, 864 S.W.2d 376, 385–86 (Mo. App. E.D. 1993), the court concluded that quasi-judicial immunity extended to the statutorily mandated GAL in custody proceedings is based on the nature of the relationship between GALs and the court. Accordingly, GALs are protected from lawsuits in the exercise of their duties.

Section 452.423.1, RSMo Supp. 2011, allows each party in a proceeding to disqualify a GAL within ten days of the GAL’s appointment. Previously, the GAL could only be disqualified for “good cause.” Although this change allows a GAL to...