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Can a GAL override a court order

Resolved Question:

Recently a Judge ruled in a Divorce case and assigned a GAL also to a case. During the 6 month after one of the parties broke the Judges ruling and the party said the GAL has that authority to let them do what they did. Is this true?   Can this be done by the GAL?
Submitted: 6 years ago.
Category: Legal
Expert:  Ed Johnson replied 6 years ago.

Dear SD,

Please tell me what is a GAL?

Customer: replied 6 years ago.
Reply to Ed Johnson's Post: A GAL is a Guardian Ad Litem.
Expert:  Ed Johnson replied 6 years ago.

Dear SD,

Yes this is correct. The Guardian Ad Litem is responsible for advocating for the best interest of the child and is responsible form making those decisions. They are empowered, by law, to act independently of the court in exercising their responsibilities.

please find the rules for selection, training and responsibilities of the Guardian Ad Litem at the following Link:

http://www.courts.state.mn.us/rules/adlitem.html

You will note that the language gives wide variance to the discretion of the Guardian.

Customer: replied 6 years ago.
Reply to Ed Johnson's Post: I don't think I expained it properly. It was not the kids the GAL made a decision on it was the Adult that she suposably changed the ruling for. Nothing to do with the kids.
Expert:  Jon replied 6 years ago.
Customer

Ed Johnson is totally correct regarding the responsibilities of the Guardian Ad Litem. They work for the best interest of the court. The only person who can change what the Judge decided is that Judge, or another Judge of a Higher court. So if your question is weather a Guardian Ad Litem can change an Judges' ruling, then the answer is "No."

Jon

Customer: replied 6 years ago.
Reply to Jon's Post: So in all the GAL has to make recommendations to the Judge and the Judge would have to change the ruling. If I understand this all. The GAL is responsable for the kids and submits it to the Judge. The Judge makes all rulings or changes?
Expert:  Jon replied 6 years ago.

That is true. The "GAL" will only make recomondations, and give testimony. They do not write civil orders, and do not have the power to change them.

Jon

Jon, Police or Detective
Category: Legal
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Experience: Certified Police Officer 22 yrs, Certified Polygraph Examinator, Detective 15 yrs
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