When will a court appoint a guardian ad litem?

MultiRegion, United States of America

The following excerpt is from Angeles ex rel. A.A. v. Clovis Unified Sch. Dist., Case No. 1:13-cv-01043-AWI-MJS (E.D. Cal. 2018):

When there is no conflict of interest between the proposed guardian ad litem and the litigant, the guardian ad litem appointment is usually made on an ex parte application and involves minimal exercise of discretion by the court. Kulya v. City and County of San Francisco, No. C 06-06539 JSW, 2007 WL 760776, *1 (N.D. Cal. Mar. 9, 2007) (citation omitted). "When there is a potential conflict between a perceived parental responsibility and an obligation to assist the court in achieving a just and speedy determination of the action, a court has the right to select a guardian ad litem who is not a parent if that guardian would best protect the child's interests." Williams v. Superior Court, 147 Cal. App. 4th 36, 38 (2007). "[I]f the parent has an actual or potential conflict of interest with his child, the parent has no right to control or influence the child's litigation." Id. at 50.

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