Case Update (26 July 2023): McElligott v. McElligott; child will be well represented by the parents and their attorneys, so there is no need for a Guardian Ad Litem

Abduction
Written By Melissa Kucinski

The Respondent Mother sought appointment of a Guardian Ad Litem for the parties' 12-year-old child, arguing that the child has an objection to being returned to Ireland under the Abduction Convention, and therefore it is appropriate to appoint a GAL "to interview the Child and collateral contacts deemed relevant"... "to assist the Court in evaluating the 'wishes of the child' defense here." The court has already agreed to interview the child in chambers in advance of the trial dates.

Appointment of a Guardian Ad Litem for a child is left to the court's discretion. Rule 17(c)(2) only requires that a guardian be appointed for a minor child who is "unrepresented in an action," but that is not the case here. The Court was satisfied that the child's interests were well represented by that child's parents and their attorneys, who will call, as witnesses, collateral contacts, and may call expert witnesses, such as a child psychologist. The court already set a date to interview the child in camera. Caselaw cited by the Respondent in her brief actually denied the return of children based on the mature child's exception, without the aid of a Guardian Ad Litem.

Therefore, the Respondent's motion for a GAL is denied.

Melissa Kucinski

Melissa Kucinski works with family lawyers to strategically resolve their clients’ complex international cases.  A fellow of the AAML, the IAFL, and chair of international family law committees in the American Bar and New York State Bar Associations, Melissa is a respected colleague to have on any legal team.  A former consultant for the Hague Conference on Private International Law, member of the Uniform Law Commission’s Joint Editorial Board on Uniform Family Laws, and member of the U.S. Secretary of State’s Advisory Committee on Private International Law, Melissa maintains a robust network to help her clients in international disputes.

https://mkfamily.law/
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Case Update (21 July 2023): Lee v. Hollings; remand for trial court to assess the child's best interests before deciding whether to permit Father to seek a U.S. passport for child