The GAL shall conduct the investigation in a fair and balanced manner. The GAL should obtain similar types of information about each party. If the case involves more than one child, each child’s best interests must be addressed unless the court orders otherwise. If the GAL is unable to report on all of the children, the GAL shall indicate why in the report.
Commentary
Depending on the circumstances, the GAL may need to spend more time investigating facts that relate only to one party, especially if such facts are disputed, difficult to investigate, or new information arises about that parent. The GAL may have satisfactory information about one parent, but incomplete data about the other parent. For example, further investigation of alleged drug use might be needed if a party’s drug testing results are unreliable because the facility did not monitor how samples from the party were collected, or new sources indicate that the party has used drugs since the time of the last testing.
6.1 The GAL Spends Sufficient Time Interviewing Parties and Investigating their Concerns as Necessary to Gather Relevant Information
The GAL conducts an initial interview with each party and additional interviews with each party and other witnesses as necessary to gather relevant information. In addition, the GAL may gather information by telephone, email, and or other means.
Commentary
A party is permitted to have counsel present during an interview, but the GAL controls the interview and conducts the questioning. If counsel directs a party to refuse to answer a question or plead the Fifth Amendment against self- incrimination, the GAL moves on to other questions, noting the objection. Such objections do not prohibit the GAL from using other sources to obtain the information. If the GAL does not meet with any party, the GAL explains why in the report.
6.2 The GAL Asks Each Party about Relevant Witnesses and Documents and Investigates these Sources of Information as Appropriate
As a starting point, the GAL invites counsel and parties to provide relevant information, including a fact summary, procedural history, relevant documents, and a list of witnesses and professionals who can provide relevant information. In deciding what records to review or witnesses to interview, the GAL considers the likelihood that relevant information will be obtained, with reasonable convenience, efficiency, cost, and physical safety of a party, child or informant. The order of appointment also may direct the GAL to contact certain witnesses or sources.
Commentary
In determining what witnesses to interview, the GAL may also consider: the number of witnesses suggested, whether the witness directly witnessed important events or the aftermath of important events, the potential bias of the witness, the importance of the interview to a party, and other relevant considerations. At the beginning of each collateral witness or party interview, it is important that the GAL explain the GAL’s role and the limits of confidentiality. The GAL shall access information after appropriate release forms are provided to professionals . In addition to oral communications, the GAL may provide written questions and accept additional written responses from witnesses or collateral sources.
6.3 The GAL Accesses Original Sources When Possible
To increase the reliability of reported information, the GAL investigates original sources of information.
For example: John Jones says that Jane Doe saw the parties’ son drinking beer at a soccer game. The GAL speaks with Jane Doe to ascertain what she observed.
For example: a police report indicates that the child told his soccer coach that the child’s parent supplied the beer. The GAL speaks with the coach and the child.
6.4 The GAL Uses Multiple Fact Sources When Possible
If certain events or facts are disputed, the GAL should investigate more than one source of information relating to the events or allegations when possible. The parties should be encouraged to provide names of witnesses who were present, written reports, or other relevant evidence related to the event or allegation.
Commentary
For example, the husband disputes the wife’s claim that the husband told her that he was treated at Cambridge Hospital after he attempted suicide by taking an overdose of sleeping pills and cocaine. The GAL contacts the hospital and interviews any other witnesses with direct knowledge about the disputed event or his statements about it. Hospital records in the case lead to other relevant sources of information such as “911" call records, a police report, and an ambulance report, including a copy of a suicide note found in the ambulance. The GAL reports all the relevant facts collected about the disputed allegation.
6.5 The GAL Conducts a Home Visit When Appropriate
Ordinarily, home visits can yield valuable information, but on occasion a home visit is not indicated. Factors to consider in deciding whether to conduct home visits include: whether issues or problems with either home are alleged, cost and time involved, location, and the likelihood of obtaining relevant information not accessible in other ways. If no home visit is conducted, the GAL shall explain why that decision was made in the report.
Commentary
If home visits are conducted, care must be exercised so that inequality in housing conditions or perceived wealth do not lead to bias. A person, who is a fit parent and caretaker for the child, also may experience transitional or temporary housing difficulties as a result of separation from the other party, nonpayment of support, inadequate financial support, or relocation related to domestic violence or loss of income.
6.6 The GAL Meets with the Children
The GAL meets with the children as part of the investigation. Children can offer useful information and should be offered the opportunity to provide information about themselves and their family. The conditions under which children are interviewed must be carefully considered, including what conditions will put the child most at ease and yield the most useful information. The GAL shall explain the reasons for not meeting with any of the children in the GAL report.
Commentary
Some children may be much less candid in the interview if a parent or the parents are present during the child’s interview, or are visible or able to hear the interview.
6.7. The GAL Observes Children with Each Parent When Appropriate
The GAL should observe the child with each parent when appropriate. This often provides valuable information about the parent-child relationship.
Commentary
The GAL has a duty to avoid further harm to children when possible. If concerns are raised that a child will be traumatized or at risk by contact with a parent (e.g. due to severe neglect or abuse, exposure to domestic violence, traumatic or unpredictable 18 absence, or other inappropriate behavior) a parent-child observation may not be indicated. The GAL explains the reasons for not observing children with each parent in the report.
6.8 The GAL Considers the Need for any Further Information Necessary to Complete the GAL investigation and Provide a Comprehensive Report
The GAL shall collect and review documents as well as conduct additional interviews of the parties, each of the children and other witnesses until the necessary information is fully gathered.