Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem is sometimes appointed in contested Florida child custody cases. The guardian is a party to the case who investigates the claims made by each side and reports to the Court concerning the investigation. It is usually inevitable that one or both sides will be unhappy with the guardian’s findings. When a party wants to have the guardian replaced or dismissed, what standard must a court follow in determining a motion to disqualify a guardian ad litem? This was at issue in the case Bouchard v. Bouchard, 2D19-3592 (Fla. 2d DCA July 8, 2020).
As part of their divorce proceedings, a guardian ad litem was appointed to assess the best interest of the children in creating a Florida parenting plan. The guardian was appointed by stipulation of the parties and the husband was ordered to pay her fees. At some point during the guardian’s appointment, a fee dispute arose between the guardian and the husband. The Court, on its own and without a hearing, entered an order granting the husband’s motion to remove and disqualify the guardian, holding the fee dispute between the guardian and the husband “poisoned” the relationship between the guardian and the husband. The wife appealed.
Under certiorari review, the appellate court found the order disqualifying the guardian departed from the essential requirements of the law. The court held “‘[T]o disqualify an agreed-upon guardian, 'the facts must be egregious, and the burden heavy. To do otherwise would invite any litigant who anticipates even a mildly unfavorable report by a guardian to seek the guardian's removal.’ [internal citation omitted]. The court must find that there is ‘bias or prejudice on the part of the guardian ad litem.’ In this case, the court based its decision to disqualify the GAL on a finding that the relationship between the GAL and the Husband had been ‘poisoned’ by the fee payment dispute. Such a finding might support a determination that the GAL was biased or prejudiced, but the court did not address the issue. And the court ruled without hearing from the GAL herself.”
Deciding whether or not a guardian ad litem is right for your Florida child custody case requires knowledge of the guardian’s role, among other matters. Schedule a consultation with a Miami child custody lawyer to understand how the appointment of a guardian ad litem may affect your case.