Illinois divorce lawyers often speak in code. No code carries more weight than the phrase “604.10 Evaluators” which describe court-appointed experts who provide professional opinions as to the custody of children in divorce litigation. Illinois divorce judges can have thousands of cases on their docket. Illinois divorce judges see dozens of cases each day. Illinois divorce judges cannot understand the years of family dynamics that have led up to the point where two people untangle their lives and divide their most precious asset: time with their children. Yet, Illinois divorce judges are charged with doing exactly that. “Once the issue of custody was placed before the court, the court possessed broad discretion to alter custody or visitation rights to the extent required by the child’s best interests.” In re Marriage of Oros, 256 Ill. App.3d 167, 170, 194 Ill.Dec. 604, 627 N.E.2d 1246 (1994) To facilitate the investigation into a family’s dynamic and come to conclusions about the appropriate division of parenting time and parental responsibilities, Illinois divorce judges often appoint or allow testimony from experts. Before those experts are appointed, an Illinois divorce court appoints a Guardian Ad Litem or Child Representative to do a preliminary investigation. Guardian Ad Litems and Child Representatives always come before 604.10 experts. Judges are lawyers. Judges like lawyers. Judges and lawyers speak the same language. It’s no wonder judges prefer to have other lawyers investigate and report on a divorcing family’s dynamic. “In any proceedings involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, property interest, or general welfare of a minor or dependent child, the court may, on its own motion or that of any party, appoint an attorney to serve in one of the following capacities to address the issues the court delineates” 750 ILCS 5/506(a)(emphasis mine). A Guardian Ad Litem or a Child’s Representative is an attorney. Their opinion about a family’s dynamic is not based on a formal education in psychology, social work and/or psychiatry. In fact, a child representative cannot give an opinion at all. “The child representative shall not render an opinion, recommendation, or report to the court and shall not be called as a witness, but shall offer evidence-based legal arguments.” 750 ILCS 5/506(a)(3) Guardian Ad Litems, however, can give recommendations as to parenting time and parenting responsibilities. “Unless the court directs otherwise, the guardian ad litem shall submit to the court and the parties a […]
