Protecting the best interests of the child is paramount in child-related cases. In most Illinois family law cases involving children, the child’s best interests are usually protected by at least one parent or by both parents.
In the case where neither parent can agree on what is in the best interest of their child, the court on its own motion or that of a party, may appoint an experienced family attorney to serve as either a Child Representative (CR), a Guardian Ad Litem (GAL) or an Attorney for the child (750 ILCS 5/506).
The two most commonly appointed by the court to represent the child’s best interests are either a Guardian Ad Litem or a Child Representative. Both the Child Representative and Guardian Ad Litem are similar in that both are granted investigative powers and can interview the child, both parents, and any other interested party to the case. They both submit a written report to the court regarding their recommendations based on the child’s best interests.
Key Roles at a Glance
| Role | What They Do | Report/Testify? | Confidentiality with Child? |
| Guardian ad Litem (GAL) | Investigates, interviews child/parties, submits a written or oral report, or both, may testify | Yes — files report & can be cross-examined | No |
| Child Representative (CR) | Investigates, meets parties/child, advocates in court, files motions, and encourages settlement | No — cannot file report or testify; instead, may file a pre-trial memorandum in appropriate circumstances, such as for purposes of settlement attempts, but not a “report”. | Yes — confidential communications protected |
| Attorney for the Child (AFC) | Acts as the child’s attorney, representing the child’s expressed wishes | Yes — like any attorney | Yes |
What is a Child Representative?
A Child Representative is an attorney that is most often appointed in contested parental responsibility allocation cases. Their role is to advocate what is in the best interests of the child after reviewing all the facts and circumstances of the case. The Child Representative is required to meet with the child and talk with each parent to assess and investigate the circumstances.
After the Child Representative meets with all parties including the child, they will consider but are not bound by, the wishes of the child. The Child Representative’s job is to represent the child’s best interests and help the judge make a determination in contested custody matters.
Unlike a Guardian ad Litem, a Child Representative does not file a written report or testify in court. Instead, the CR advocates through motions, evidence, and a pre-trial memorandum shared with counsel, not the court record. The CR also has attorney-client confidentiality with the child.
Example: Relocation Case
For example, in a relocation case where the mother wants to relocate to another state with the child and the father is opposed, the court may appoint a Child Representative. The CR can interview the parents and child, evaluate family dynamics, and then advocate to the judge.
The Child Representative is viewed as the court’s “eyes and ears” into the family dynamic, able to speak directly with the child in a way neither parent’s lawyer can.
Relocation Law Note (750 ILCS 5/609.2): In Illinois, a parent seeking relocation must provide written notice at least 60 days in advance. Relocation is defined as a move of 25 miles or more from the child’s current residence within Illinois, or 50 miles or more if moving outside Illinois. The court will weigh best interests using statutory relocation factors, and a GAL or CR may play a key role in evaluating the proposed move.
Protect Your Parenting Rights Before the Court Decides for You
Guardian Ad Litem vs. Child Representative
The key difference stems from their legal roles under 750 ILCS 5/506. A GAL functions as an investigator and witness appointed to provide the court with an independent assessment. A CR functions as an attorney who advocates for what they determine to be the child’s best interests while maintaining attorney-client confidentiality. This fundamental distinction explains why their procedures differ.
Although both the Child Representative and Guardian Ad Litem share a common goal of advocating for the best interests of the child, there are important differences:
- Guardian Ad Litem (GAL): Investigates, submits a written report to the court, may testify, and is subject to cross-examination. No confidentiality with the child.
- Child Representative (CR): Acts as an attorney for the child’s best interests, cannot testify or file a report, advocates through motions and pre-trial memoranda, and communications with the child are confidential.
Fees and Costs
Under 750 ILCS 5/506, the court sets retainers and allocates fees between the parents based on their respective financial resources and ability to pay. Both GALs and CRs must submit itemized invoices every 90 days for court approval.
If one or both parents cannot afford the fees, the court may order payment from the marital estate, the child’s estate if appropriate, or establish payment plans. In Cook County, the Office of the Public Guardian may be appointed in qualifying cases where families cannot afford private representation. A parent’s inability to pay does not prevent the court from appointing a GAL or CR when the child’s best interests require it. Pro-bono appointments are also possible in very specific circumstances but these are extremely limited and need based.
GAL/CR vs. Custody Evaluations (604.10)
Parents often confuse attorney roles with professional evaluations.
- GAL/CR: Attorneys appointed under §506 to represent best interests (legal perspective).
- 604.10(b)/(c) Evaluations: Psychological/mental health professionals investigate and submit a written report with recommendations about parental responsibilities and parenting time.
- Key difference: GAL/CR speak for the child’s interests; evaluators provide professional opinions about family dynamics.
When to Expect an Appointment
Courts may appoint a GAL or CR when:
- Parents cannot agree on parental responsibilities or parenting time.
- Allegations of abuse, neglect, or unsafe parenting exist.
- Relocation or high-conflict cases arise.
- The court determines that additional investigation is necessary.
What GALs and CRs Cannot Do
While GALs and CRs have significant investigative authority and influence with the court, they have important limitations:
- They cannot make binding decisions about custody or parenting time – only the judge has that authority
- They cannot force parents to follow their recommendations outside of court orders
- They cannot supersede parental rights or make medical, educational, or religious decisions for the child
- Their role is to investigate, advocate, and advise the court, not to replace judicial decision-making
Understanding these limits helps set realistic expectations about their role in your case.
What to Do (and Not Do) When Working with a GAL or CR
If a GAL or CR is appointed in your case, follow these guidelines:
Do:
- Respond promptly to requests for information or meetings
- Be honest and straightforward in all communications
- Provide requested documents such as school records, medical records, or financial information
- Keep your home clean and child-appropriate for any home visits
- Be respectful even if you disagree with questions or recommendations
- Allow the child to speak freely with the GAL or CR without coaching
Don’t:
- Coach your child on what to say or ask them what they discussed
- Bad-mouth the other parent to the GAL, CR, or child
- Withhold requested information or delay responses
- Contact the GAL or CR excessively or outside proper channels
- Try to influence the GAL or CR with gifts, social contact, or inappropriate communication
- Violate any court orders during the investigation period
Remember: The GAL or CR is evaluating both parents’ ability to put the child’s needs first. Your behavior during the investigation matters.
Not Sure What a GAL or Child Representative Means for Your Case? Contact Us Now.
How Anderson Boback & Marshall Can Help
Anderson Boback & Marshall are experienced family law and child custody attorneys in Chicago, focusing on divorce, custody, and child-related representation. We regularly work with GALs, Child Representatives, and evaluators to protect children’s best interests.
Contact us today for a consultation if you have questions about guardians ad litem, child representatives, or parenting time disputes in Illinois.
Frequently Asked Questions About GALs and Child Representatives in Illinois
Do I get to choose the Guardian ad Litem or Child Representative?
No. The court makes the appointment under §506, either on its own or at the request of a parent. However, you can raise concerns about conflicts of interest (such as a prior consultation, etc.)..In rare cases, the court may replace an appointed GAL or CR for good cause, but absent a GAL or CR retiring or being appointed as a Judge, it is very unlikely to happen.
Will my child have to meet with the GAL or CR?
Yes. Both roles require meeting with the child. A GAL may meet the child at home, in school, or in another setting, and can include those conversations in their report. A CR also meets with the child, but communications with the CR are confidential.
Can a Guardian ad Litem be cross-examined in court?
Yes. A GAL files a written report and may testify at trial. Both parents’ attorneys can question the GAL in court about methods, findings, and recommendations.
Can a Child Representative be cross-examined?
No. A CR cannot testify or file a report. Instead, they present their position in motions and a pre-trial memorandum, acting like an attorney in the case.
Who pays for a GAL or CR, and how much does it cost?
The court decides how fees are divided between parents or from marital/child assets. GALs and CRs must submit itemized invoices every 90 days. Costs vary by county and complexity; in Cook County, the Public Guardian may step in when families cannot afford representation.
How long does the appointment last?
The appointment typically lasts until the final order is entered or the court terminates the appointment. In most cases, this means the GAL or CR remains involved through trial and judgment entry. However, courts can appoint a GAL or CR for a limited purpose (such as investigating one specific issue like relocation) or for the duration of the entire case, including post-judgment modifications. In high-conflict cases, a GAL or CR may be reappointed in future proceedings if disputes continue. The court order appointing the GAL or CR should specify the scope and duration of the appointment.
Can I request a GAL or CR for my case?
Yes. A parent may file a motion asking the court to appoint a GAL or CR, typically when there are serious disputes about parenting time, allegations of abuse or neglect, relocation issues, or high-conflict situations where the child’s voice needs independent representation. The court has discretion and will consider whether an appointment is necessary to protect the child’s best interests. Be aware that the other parent may object, and appointing a GAL or CR will increase the overall cost of your case as fees are typically divided between parents.
What if I believe the GAL or CR is biased or has a conflict of interest?
Raise your concerns with your attorney immediately. If the GAL or CR has a prior relationship with one of the parties, previously represented a parent, you can file a motion to remove and replace them. The court will hold a hearing to determine if good cause exists for removal. Examples of potential conflicts include prior representation of a party or attorney in the case, personal relationships with a party, or demonstrated bias in their investigation or advocacy. It is rare for a Court to replace a GAL or a CR simply for reasons of perceived “bias”, as generally, parents are not always happy with what a GAL or CR does in a case, so these types of issues are not often treated the same as a conflict of interest.
What’s the difference between a GAL/CR and a custody evaluator (604.10 evaluation)?
A GAL or CR is a licensed attorney who represents the child’s best interests (or acts as their attorney, in the case of an Attorney for the Child). A 604.10 evaluation is performed by a mental health professional, who writes a formal report about parenting abilities and family dynamics.
How long does a GAL or CR investigation typically take?
The timeline varies based on case complexity. A typical GAL or CR investigation takes 4-8 weeks from appointment to completion, though high-conflict or complex cases may take several months. A GAL files their written report when the investigation is complete or before trial, but may give oral reports prior to the filing of a final report. A CR prepares a pre-trial memorandum shared with counsel closer to the hearing date when the matter is set for a pretrial and the Court orders it, the same as the parties’ counsel, but otherwise may not put their position in writing. In long-running cases, the GAL or CR may remain involved throughout the litigation and post-judgment proceedings.
Can I appeal a GAL recommendation or a court order based on GAL testimony?
You cannot directly appeal a GAL’s recommendation, but you can appeal the judge’s final order if you believe the court erred in relying on the GAL’s testimony or report. On appeal, you would need to show that the trial court abused its discretion in considering or weighing the GAL’s input. Because GALs can be cross-examined at trial, your attorney has the opportunity to challenge their findings, methods, and conclusions before the judge makes a final decision. Child Representative positions cannot be directly challenged through testimony since CRs do not testify, but their advocacy and recommendations can be addressed through other evidence and argument.
