Published on:

You can’t sue the guardian ad litem in your divorce case

A guardian ad litem is a lawyer who is appointed to represent the interests of a minor child in a divorce case. Often a divorce litigant comes to believe that the guardian ad litem is the cause of their problems. No matter how upset you may be, you cannot sue the guardian ad litem for legal malpractice. In Dubinsky v. Reich, 201 A.3d 1153 (2019) the Appellate Court of Connecticut affirmed the dismissal of a complaint against a guardian ad litem. The explanation:

The conduct that forms the basis of the plaintiff’s underlying claims is Reich’s recommendation to the court of supervised visitation between the plaintiff and his minor child, as well as her recommendation against the use of coparenting counseling. Reich made these recommendations to the court while fulfilling her statutorily prescribed duties as guardian ad litem to the plaintiff’s minor child.[8]The plaintiff has 1158*1158 not pointed to any actions taken by Reich outside of her role as guardian ad litem.[9] Therefore, Reich is entitled to absolute immunity.

The plaintiff further argues that “[p]ublic policy requires that the trial court recognize that there is a limitation to the actions of a [guardian ad litem]” and that “[t]he grant of immunity allows unchecked abuses of power by a [guardian ad litem].” We disagree. Granting absolute immunity to guardians ad litem is not contrary to public policy.[10] There are sufficient procedural safeguards to protect against improper conduct by a guardian ad litem. Because a guardian ad litem is appointed by the court, the guardian ad litem is subject to the court’s oversight and discretion and may be removed by the court at any time, either sua sponte or upon motion of a party. See Carrubba v. Moskowitz, supra, 274 Conn. at 543, 877 A.2d 773….

If you have any further questions about legal malpractice claims, please consult our website. https://www.clintonlaw.net/legal-malpractice.html

Ed Clinton, Jr.