19-A M.R.S.A. Section 1507(3)(A)(3) provides that a GAL shall "Make a written report
of investigations, findings and recommendations as ordered by the court, with copies
of the report to each party and the court." Although we tend to assume that this
report will come at the end of a case in preparation for trial, a GAL may often need
to communicate with the court in a more informal capacity throughout the process.
If the case is taking a long time or there are preliminary issues to be addressed, consider
submitting status reports or interim reports to help guide the case along. These
reports can be brief updates and/or recommendations that may not delve into the reasoning
behind your findings but give clarity to the parties and the court about your positions.
Of course, this is not always necessary and in some cases may be counter productive.
In some cases, you may not want to commit thoughts to writing if you are helping the parties
come to their own resolution of custodial issues. Having to document negative comments by
each former partner may hinder their future ability to share in parenting. Keep this in
mind when writing your final report. The court is not your only audience. The parents
will read these reports line by line. Remember, in most cases, these parents need to
work together long after you have left the case.
Although it is critical that the court
is informed on relevant information about parents and parenting styles, be cautioned that
these reports can be very painful. As a rule of thumb, try to acknowledge the strengths of
both parents even in the face of poor parenting. And, if possible, reflect upon your
reports before submitting them to the court. This will give you an opportunity to consider
if your language is unduly harsh or can be modified to make your case without excessive
damage to the parties.
