Last updated: 4/21/2021
Order Appointing Guardian Ad Litem-Child Representative-Attorney For Child(ren) {4011}
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Description
ORDER APPOINTING GAL - DOMESTIC RELATIONS STATE OF ILLINOIS IN RE THE MARRIAGE OF 4011 (New 03/07) COUNTY OF DU PAGE UNITED STATES OF AMERICA IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT PETITIONER CASE NUMBER vs RESPONDENT File Stamp Here ORDER APPOINTING GUARDIAN AD LITEM/CHILD REPRESENTATIVE/ ATTORNEY FOR THE CHILD(REN) This cause coming on to be heard pursuant to 750 ILCS 5/506, and the Court having jurisdiction over the parties and the subject matter in this cause and being fully advised in the premises, THE COURT FINDS THAT: A. The parties' information is as follows: PETITIONER Name Relation to Child Address City State Zip Telephone Name Relation to Child Address City State Zip Telephone RESPONDENT B. There are issues, with respect to custody, removal, visitation, or order of protection, within the family affecting the minor child(ren) listed below: CHILD(REN)'S NAME DATE OF BIRTH GENDER C. It is in the best interest of the minor child(ren) to have a legal representative appointed to protect and preserve his/her their interest in this cause. CHRIS KACHIROUBAS, CLERK OF THE 18th JUDICIAL CIRCUIT COURT © WHEATON, ILLINOIS 60189-0707 Page 1 of 3 American LegalNet, Inc. www.FormsWorkflow.com ORDER APPOINTING GAL - DOMESTIC RELATIONS 4011 (New 03/07) THEREFORE, IT IS HEREBY ORDERED: 1. is appointed as this cause. 2. Within two (2) days of the entry of this Order, counsel for the pleadings, orders, and reports relative to this cause. 3. The Guardian Ad Litem/Child Representative/Attorney for the Child(ren) appointed in this cause shall file his/her appearance on behalf of the minor child(ren) within seven (7) days of receipt of this Order and file any appropriate pleadings thereafter. 4. The Guardian Ad Litem/Child Representative/Attorney for the Child(ren) shall serve: Pro Bono; or The Guardian Ad Litem/Child Representative/Attorney for the Child(ren) shall be paid a retainer of $ against an hourly rate of $ . The retainer shall be and fees shall be paid by the Petitioner / the Respondent / both parties, with % paid by the Petitioner and with % paid by the Respondent. Said payments shall be without prejudice to later reallocation by the Court. 5. The Guardian Ad Litem/Child Representative/Attorney for the Child(ren) shall have access to the child(ren) without impediment from the parties, as well as access to all relevant documents. 6. The Guardian Ad Litem/Child Representative/Attorney for the Child(ren) shall have all the duties, powers, and authority defined for his/her role by Section 506 of the Illinois Marriage & Dissolution of Marriage Act, 750 ILCS 5/506. 7. The Guardian Ad Litem/Child Representative/Attorney for the Child(ren) shall be entitled to the same notice and opportunity to participate, including in discovery, in this matter, as are afforded to counsel of record for the parties. 8. This appointment is subject to the Rules of the Circuit Court for the Eighteenth Judicial Circuit and Requirements for Guardian Ad Litem, Child Representatives, and Attorney for the Child(ren). 9. Unless otherwise ordered by the Court at the time fees and costs are approved, all fees and costs payable to a Guardian Ad Litem/Child Representative/Attorney for the Child(ren) under Section 506 of the Illinois Marriage & Dissolution of Marriage Act are deemed to be in the nature of support of the child(ren) and are within the exceptions to discharge in bankruptcy under 11 U. S. C. A. 523. The provisions of Sections 501 and 508 of the Illinois Marriage & Dissolution of Marriage Act shall apply to fees and costs for attorneys appointed under Section 506 of the Illinois Marriage & Dissolution of Marriage Act. 10. The parties and the minor chhiild(ren) shall sign necessary releases to allow the Guardian Ad Litem/Child Representative/Attorney for the Child(ren) to access relevant information regarding the minor child(ren). Petitioner Respondent shall send to Guardian Guardian Ad Litem , whose address is , and whose phone number is Child Representative , Attorney for the Child(ren) minor child(ren) in Ad Litem/Child Representative/Attorney for the Child(ren) a copy of this Order, as well as copies of all notice, CHRIS KACHIROUBAS, CLERK OF THE 18th JUDICIAL CIRCUIT COURT © WHEATON, ILLINOIS 60189-0707 Page 2 of 3 American LegalNet, Inc. www.FormsWorkflow.com ORDER APPOINTING GAL - DOMESTIC RELATIONS 4011 (New 03/07) 11. If appointed as such, the Attorney for the Child(ren) shall participate in the litigation as would the attorneys for the parties and shall be bound by the Illinois Rules of Professional Conduct. 12. If appointed as such, the Child Representative have the following rights and obligations: a. To participate in the litigation as would the attorneys for the parties. b. To investigate the facts of the case and interview necessary parties. c. To advocate the best interests of the child(ren) d. To promote settlement and the use of alternate dispute resolution. e. To disclose the Child Representative's position in a pretrial memorandum. f. To be exempt from cross-examination by any party. g. To be bound by the Illinois Rules of Professional Conduct. 13. If appointed as such, the Guardian Ad Litem: a. b. c. d. e. Shall make a written report to the Court. Shall not make a written report to the Court / This issue is reserved. Shall render an opinion concerning custody/visitation/removal that the Guardian Ad Litem believes is in the child(ren)'s best interest. Shall not render an opinion concerning custody/visitation/removal that the Guardian Ad Litem believes is in the child(ren)'s best interests / This issue is reserved. Shall address the following issues: 14. This appointment shall not terminate until further Order of Court. 15. During the proceedings, the Court may appoint an additional attorney to serve in another of the enumerated capacities on its own motion of a party for good cause shown. 16. This matter is set for status on at in Courtroom Date ATTORNEY FOR PETITIONER Judge ATTORNEY FOR RESPONDENT Name: DuPage Attorney Number: Attorney for: Address: City/State/Zip: Telephone Number: Fax Number: Name: DuPage Attorney Number: Attorney for: Address: City/State/Zip: Telephone Number: Fax Number: CHRIS KACHIROUBAS, CLERK OF THE 18th JUDICIAL CIRCUIT COURT © WHEATON, ILLINOIS 60189-0707 Page 3 of 3 American LegalNet, Inc. www.FormsWorkflow.com