Why are the privacy interests of children important in family law cases?  A case cited below kind of highlights the need for courts to have the ability to receive information (perhaps from a GAL) in the privacy of chambers with the attorneys (in Illinois, called a “pretrial conference). The reason for this need of hearings, interviews or meetings in chambers is to protect the privacy and personal interests of the minor children, and to not have perhaps sensitive information about a case displayed to the public in open court. Illinois quite effectively acts to protect these privacy interests, in my experience. Most judges will often hear reports from the GAL, or have meetings with the GAL and attorneys,  in chambers so that very private information about children are not disclosed in open court.

In Illinois, child custody (now called allocations of parenting time and decision making) can be modified through the courts if there is a substantial change in circumstances that warrants a modification. In general, the modification will be sought after two years has expired from the original judgment, but some cases allow for a modification before two years if the issues presented are serious, or if the changes are moderate and needed to serve the interests of the child(ren).

Here are the basic steps:

1. File a Petition in Kane County: The process begins by filing a petition with the court requesting a modification of child custody. This petition should outline the reasons and changes that have occurred in the child’s life or circumstances of the parent(s) for the requested modification, and any supporting evidence.

For parents anticipating a divorce and child custody (allocation) issues, it’s always useful to go over some checklists, both financial and child-related, to ensure that the needs of the parties and families are met as best as is possible during the pendency of the case.  Once a divorce or separation commences, it can be uncomfortable talking with the school or sports teams about the divorce, but it can be helpful and supportive to the minor children when teachers and coaches are aware of possible changes in the child’s behaviors or affect or emotional health.

CHECKLIST FOR DIVORCING AND DIVORCED PARENTS

1. As soon as possible, inform the school of a divorce so that school personnel can be made aware of your child’s emotional support needs.

Most of the cases that we manage at Law Offices of Michael F Roe are complex cases, sometimes involving serious issues with child custody, and often a HCP (High Conflict Personality/Parent). Within these divorce or parentage cases the courts in Illinois follow a pattern of addressing the issues of the best interests of the minor children in terms of where the child(ren) with live primarily, and what allocation of parenting time and decision making will be awarded to each parent. Mediation, while mandatory in Illinois, usually is not effective in these complex cases. More typically, the court will initially appoint a Guardian ad Litem to investigate the circumstances of the parents and the family and give recommendations to the court on allocation of parenting time and decision making.

Practice Pointer: The role of the GAL in a child custody (allocation) case is important, but in my view, it must also be kept in mind that the role of a retained clinician (custody evaluator) is equally significant and important in a complex child custody case. As valuable as GALs are, they do not possess the clinical experience and psychological education as evaluators (most custody evaluators have Ph.Ds in psychology, or the equivalent). Many times, a good GAL in tandem with a good custody evaluator gives the Court the ability to capably assess and evaluate the best interests of children in a complex custody case. 

In this article, I discuss the role of a ‘guardian ad litem’ in Illinois.