What Is a Guardian Ad Litem and When Does Your Child Need One?

In some family law proceedings involving children, the court will need someone whose specific role is to represent the child's voice and best interests in the proceedings — separately from the parents and their solicitors. In Ireland, that role is performed by a guardian ad litem (GAL).

The role exists because parents in dispute over their children, however well-intentioned, are advancing their own positions. A child's perspective and welfare need to be represented independently. The GAL fills that gap.

When a GAL Is Appointed

GALs are most commonly appointed in cases involving Tusla (the Child and Family Agency) — child protection proceedings under the Child Care Act 1991. The GAL is appointed by the court to represent the child's voice in the proceedings.

In private family law proceedings between parents — disputes over guardianship, custody, and access under the Guardianship of Infants Act 1964 — GAL appointments have historically been rarer but are increasingly common, particularly where the case is complex, contested, or involves serious concerns about the child's welfare. The Children and Family Relationships Act 2015 expanded the legal framework for representing children's views in private family proceedings.

For more routine private family proceedings, the court may instead order a report under section 32 of the Guardianship of Infants Act 1964 (the "views of the child" provision) or under section 47 of the Family Law Act 1995 — these are reports from court-appointed assessors rather than appointment of a GAL.

What a Guardian ad Litem Does

The GAL's job is to represent the child's interests in the proceedings. Specifically:

Meet the child. Spend time with the child, in age-appropriate ways, to understand their experience, their wishes, and their feelings about the situation.

Investigate the circumstances. Speak to the parents, sometimes to teachers, professionals, and others involved with the child. Build a clear picture of the child's life and the issues in dispute.

Form a view on the child's best interests. Based on the investigation, the GAL reaches an independent view on what arrangement would serve the child best.

Report to the court. Provide a written report setting out the child's wishes (where appropriate to express them), the GAL's assessment of the child's best interests, and recommendations for the court.

Represent the child in proceedings. Where appropriate, instruct a solicitor on the child's behalf in the proceedings.

The GAL is not advocating for either parent. They are not aligned with Tusla or with the court. Their sole responsibility is to the child.

Who Becomes a GAL

GALs in Ireland are typically experienced social workers or family law professionals with specific training in child protection and welfare. They are appointed by the court from panels of qualified GALs maintained for this purpose.

The Child Care (Amendment) Act 2022 introduced significant changes to the regulation, qualifications, and oversight of GALs in Ireland — particularly in Tusla cases — establishing the National Office for the Guardian ad Litem Service.

What to Expect If a GAL Is Appointed in Your Case

If a guardian ad litem is appointed in your child's case:

They will meet the child. Usually multiple times, in age-appropriate settings. For older children, this is direct conversation. For younger children, it may involve play-based assessment, observation, and conversation through age-appropriate methods.

They will speak to both parents. Separately, usually. They will form their own view of the situation rather than relying on what either parent has told them.

They will speak to relevant professionals. Teachers, GPs, social workers if any are involved, other professionals working with the child.

They will prepare a written report. This report will be available to the court and, typically, to the parents' legal teams. It will contain the GAL's findings, the child's wishes where appropriate, and recommendations.

They will be present at court. GALs typically attend the hearing and may give evidence about their findings.

What This Means for You as a Parent

If a GAL has been appointed, several practical things follow:

Engage with them constructively. The GAL is not your adversary. Cooperating fully — making yourself available, providing information they request, allowing them appropriate access to the child during your time — is in your interest.

Don't coach the child. This is critical. Children whose parents have clearly briefed them about what to say will be identifiable to an experienced GAL, and the credibility of both parent and child suffers. Let the child speak for themselves.

Don't speak negatively about the other parent to the child during this period. Particularly relevant — the GAL will be looking at what the child says about each parent and the language they use. Children who clearly parrot one parent's view of the other will be identified.

Don't agree to or refuse the GAL's access to the child without legal advice. A solicitor practising family law should be guiding you through this process. Decisions about access for the GAL, what they can ask about, and how the process proceeds should be informed.

What the Report Will Cover

A GAL report typically addresses:

• The child's circumstances and family situation
• The child's relationships with each parent
• The child's views and wishes (subject to age and maturity)
• The GAL's assessment of the child's wellbeing
• Recommendations for the arrangements that would serve the child best

The court is not bound by the GAL's recommendations but typically gives them significant weight, particularly where the assessment is thorough and well-supported.

Speak to a Solicitor

If a guardian ad litem is being appointed in your case — or you are considering applying for one — a solicitor practising family law is essential. The process is legally and procedurally specific, and good advice early shapes outcomes significantly.

If you have concerns about your child's welfare that you think warrant GAL involvement, speak to a solicitor first about the right route. Different routes — section 32 reports, section 47 reports, GAL appointment — are appropriate for different circumstances.

The role of the GAL is, ultimately, to give the child a voice in proceedings that are happening about them but typically not with them. Used well, it produces better outcomes for children. The role is increasingly well-supported by recent legislative reform and is a meaningful tool in the more complex end of Irish family law.