High conflict custody cases can be incredibly challenging, often requiring the intervention of various professionals to protect the interests of the children involved. In North Carolina, courts have long searched for ways to help divorced and divorcing parents find ways to resolve the disputed decisions and angry arguments that disrupt their and their children’s lives. Over time, judges turned to lawyers and mental health professionals to help families work through their custody issues. Several roles have evolved as a result: the Guardian ad Litem (GAL), The Child’s Advocate (TCA), and the Parenting Coordinator (PC). We’ll discuss who these key players are, their responsibilities, and how they contribute to resolving custody disputes.
A Guardian ad Litem (GAL) is a person appointed by the Court to investigate the “best interests” of children in high-conflict custody cases, as well as cases involving abused and neglected children.
In North Carolina custody cases, Guardians ad Litem are often assigned to prepare a formal report to assist the judge in determining the most suitable custodial arrangements for children whose parents are fighting over legal and physical custody. GALs are usually attorneys or mental health providers. They may be volunteers or they may be paid for their services at an hourly rate or on a flat-fee basis. GALs interview the children’s parents and other relatives, teachers, health providers, and other “collaterals” – people who know or have observed the children interacting with their parents – to ultimately recommend the custodial schedule and decision-making plan that would best meet the children’s current and future needs.
GALs are typically granted access to the children’s school and health records so that they are able to summarize data from these records for the judge. GALs generally have a duty to ask the children about their preferences for a custodial schedule and other “home” arrangements, but the GAL is not required to align her recommendations with the children’s wishes.
In high conflict custody cases, GALs are typically appointed when the court determines that the child’s best interests are at significant risk. These cases often involve allegations of abuse, neglect, or severe parental conflict. The GAL’s role is to ensure that the child’s voice is heard and that their needs are prioritized in the final custody arrangements.
The Child’s Advocate (TCA) is a non-profit project of Legal Aid of North Carolina that launched in 2008. TCA’s mission is to give children a voice in their parents’ high-conflict custody cases – to allow children to express their preferences for custodial schedules and other custodial arrangements that will affect their daily lives.
TCA staff attorneys and TCA-trained volunteer lawyers are appointed by a judge to independently represent and advocate on behalf of children in high-conflict custody cases.
A TCA attorney meets directly with the child to learn his or her desired outcome of the pending custody action. If possible, TCA attorneys attempt to help settle the parents’ custody dispute, perhaps sharing the child’s wishes if the child agrees the TCA lawyer should share that information. If settlement is not possible, the TCA attorney will advocate for the child at hearings and, if necessary, prepare the child to testify.
Unlike a GAL, whose role is to determine children’s “best interests,” TCA attorneys are trained to determine children’s “express interests.” TCA attorneys may not provide legal advice to parents, and TCA attorneys will not disclose information their child-client does not want shared with the parents, since that information is privileged and confidential – just as any information you share with your lawyer is privileged and confidential.
The Child’s Advocate currently offers services for children age 7 and older in Wake, Durham and Chatham counties. For additional information about The Child’s Advocate, here’s a link to the TCA website:
A Parenting Coordinator (PC) is an attorney or mental-health professional appointed by a judge to serve as a referee between parents who are unable to agree upon decisions affecting their children’s daily lives. PC’s may help resolve issues not addressed in the parents’ custody order and make minor or temporary changes to the custodial schedule when the PC determines that doing so is in the child’s best interests. The PC’s authority to make these decisions is limited by the parents’ custody order and North Carolina law. A PC also may file a report with the Court for various reasons, including the PC’s belief that the custody order is not in the child’s best interests.
A PC’s ultimate goal is to help parents make collaborative decisions when possible, reduce conflict between the parents, and work with parents to improve their communication skills.
Parenting coordinators are required to undergo substantial training before they are appointed by a judge, who issues an order that specifies the potential areas of dispute that the PC is assigned to resolve. Parents also may agree to appoint a PC, and also may agree upon the potential areas of dispute that the PC may resolve.
Parenting coordinators usually require parents to pay an upfront retainer fee, and they usually charge an hourly rate.
