What Is a Guardian ad litem?

By Lindon T. Assaye

Have you ever needed someone to speak up for you when you could not speak for yourself? Maybe a teacher who spoke up for you to a bully, or a parent who had to defend you from an older person scolding you? In court, kids have a special helper too, and that helper is called a Guardian ad Litem!

Guardian ad Litem sounds fancy and complex but is actually very simple. It’s a Latin phrase that translates to “Guardian for the suit.” A Guardian ad Litem is a person appointed by a court to investigate and represent the best interests of a child in a legal proceeding. A Guardian ad Litem’s main goal is to represent the best interests of the child,  and that may not even be what the child actually wants.

A Guardian ad Litem works like an investigator or detective for the child. They visit the child’s home, speak with the child to learn what is truly best for them, and share everything they find with the court. In Florida, a Guardian ad Litem is often required to represent a child in cases of abuse and/or neglect.

Who is a Guardian ad Litem? Many people believe that a Guardian ad Litem is a lawyer, but in Florida this is not always true. Many Guardians ad Litem are everyday people who volunteer their time because they care about helping children. These volunteers go through a comprehensive training program that gives them the tools to effectively advocate for children within the court system.

Court is often scary and confusing for adults, and even more so for children. A Guardian ad Litem makes sure no child ever has to face court alone. A Guardian ad Litem is simply someone in a child’s corner, fighting for them at every step of a legal proceeding.

Sources

• https://www.law.cornell.edu/wex/guardian_ad_litem

• https://guardianadlitem.org/volunteer-resources-and-trainings/

• https://www2.stetson.edu/advocacy-journal/guardian-ad-litem-representation-of-children-in-florida-dependency-courts/

• https://flcourts-media.flcourts.gov/content/download/215908/file/GUARDIAN-AD-LITEM.pdf

• D.H. v. Adept Cmty. Servs., 271 So. 3d 870, 879 (Fla. 2018)

“Guardians ad litem are "appointed by the court to represent the best interests of a child in a proceeding as provided for by law." § 39.820(1), Fla. Stat. (2006). "The guardian ad litem serves as the child's representative in court to represent the child's best interest." C.M. v. Dep't of Children & Family Servs., 854 So. 2d 777, 779 (Fla. 4th DCA 2003). When a child is a party to a legal action and lacks a qualified "representative, such as a guardian or other like fiduciary," the court in which that action is proceeding "shall appoint a guardian ad litem." Fla. R. Civ. P. 1.210(b).9 The suffix "ad litem" is a Latin phrase meaning "for the suit" or "for purposes of the suit." Ad litem, Black's Law Dictionary (9th ed. 2009). Florida [**15]  law defines "guardian ad litem" in greater detail as "a person who is appointed by the court . . . in which a particular legal matter is pending to represent a ward in that proceeding." § 744.102(10), Fla. Stat. (2006).