When a Guardian Ad Litem Fails: The Consequences of Inaction in Family Court

In Illinois family courts, Guardians Ad Litem (GALs) serve a vital role. Appointed by judges to represent the best interests of the child, they are tasked with gathering facts, communicating with both parents, and providing the court with informed, impartial recommendations. GALs are often viewed as the court’s eyes and ears in high-conflict custody cases—and their assessments carry significant weight in judicial decisions.

But what happens when a GAL does not fulfill those duties?

Our family has been living the answer to that question. Since 2022, my spouse has been engaged in a custody dispute in Cook County Family Court. A parenting time schedule was issued by the court—an enforceable legal order designed to ensure both parents maintain meaningful, regular contact with their children.

That order has now been violated 78 times with communication that more days will be denied in the future. Despite repeated motions, clear documentation, and consistent communication with the court, no enforcement action has been taken. And, equally concerning, the Guardian Ad Litem assigned to this case has taken no steps to intervene, investigate, or even respond.

A Pattern of Inaction

The GAL in our case has not acknowledged emails, has not requested updates, and has not submitted reports to the court regarding the parenting time violations—despite being fully aware of the situation. At no point has he communicated concerns to the judge or expressed any intention to step aside, despite being unable or unwilling to fulfill his responsibilities.

This inaction is not neutral. In family court, silence from a GAL can imply that the situation is stable, or that no further attention is needed. In our case, it gives the appearance that both parties are equally participating in the parenting plan—when in fact, one parent has unilaterally withheld access maliciously.

By choosing not to act, not to speak, and not to recuse himself, the GAL has effectively removed an essential safeguard from the process and left the children without a neutral advocate during a highly destabilizing period.

The Role of the GAL: What Should Be Expected

According to Illinois Supreme Court Rule 907, the Guardian Ad Litem has several key responsibilities, including:

• Conducting independent investigations
• Interviewing both parents and the children
• Reviewing relevant documents and evidence
• Communicating with the court
• Making recommendations based on the child’s best interests

These expectations are not merely guidelines—they are professional obligations. When a GAL fails to act in the face of significant, repeated violations of a court order, it raises serious concerns about the integrity of the process and the well-being of the children involved.

At a minimum, a GAL who becomes aware that one parent is routinely denying court-ordered parenting time should:

• Investigate the claims in a timely manner
• Communicate their findings to the court
• Maintain regular contact with both parties
• Step aside if they are unable to perform their duties impartially or effectively

None of these standards have been met in our case.

The Broader Implications

While our situation is deeply personal, it reflects a broader issue within the family court system: the lack of accountability and oversight for GALs, even in serious or prolonged cases of non-compliance.

The role of the GAL is too significant to be left unchecked. Courts often defer to their recommendations, yet there is no standardized mechanism for evaluating their performance, ensuring timely communication, or addressing complaints from either party. When a GAL does not fulfill their duty, it can lead to:

• Prolonged violations of parenting orders
• Erosion of the parent-child relationship
• Increased emotional distress for the children
• Misinformed or delayed judicial decisions

These outcomes are not hypothetical. They are the reality for families—like ours—who rely on the system to function as intended.

The Need for Reform

To prevent situations like this from continuing, Illinois should consider enacting reforms to improve the transparency and accountability of GALs, including:

• Mandatory reporting of parenting time violations to the court
• Clear response timeframes for communication with parents and attorneys
• Regular performance evaluations or oversight boards to monitor GAL activity
• A formal process for recusal or reassignment when a GAL is no longer able to serve effectively

Such measures would not undermine the independence of GALs—they would strengthen the integrity of their role and restore confidence among the families they are appointed to serve.

Conclusion

The family court system depends on the good faith participation of all parties, including professionals like GALs. When that participation is absent, the impact is not just procedural—it’s deeply human. In our case, it has meant 78 missed days between a father and his children, and a GAL who has allowed it to continue without action or explanation.

If we believe that children deserve stability, fairness, and protection, then we must demand that every part of the system—including its appointed advocates—functions with integrity and accountability.

This is not about assigning blame. It is about fixing a broken process that is failing the very people it was created to protect.