Courts illegally require parties to pay GAL fees.

Many persons in divorces, paternity cases, custody modifications, and guardianships, are ofter forced to pay obscenely expensive fees for a guardian ad litem or investigator.

The law states that the Commonwealth SHALL pay all such fees, yet judges continue to charge parties for them, up to tens of thousands of dollars in many cases. This is illegal, but is based on a secret memorandum written by a former chief justice for administration and Management named John Irwin, in which he told the Family Court judges to charge the parties, despite the clear language of the law.

Here is the actual text of the law, which is found at Mass. General Laws Chapter 215, Section 56A:

"Any judge of a probate court may appoint a guardian ad litem to investigate the facts of any proceeding pending in said court relating to or involving questions as to the care, custody or maintenance of minor children and as to any matter involving domestic relations except those for the investigation of which provision is made by section sixteen of chapter two hundred and eight. Said guardian ad litem shall, before final judgment or decree in such proceeding, report in writing to the court the results of the investigation, and such report shall be open to inspection to all the parties in such proceeding or their attorneys. The compensation shall be fixed by the court and shall be paid by the commonwealth, together with any expense approved by the court, upon certificate by the judge to the state treasurer. The state police, local police and probation officers shall assist the guardian ad litem so appointed, upon his request."

And Here is the link to former Justice Irwin's memo, which contradicts the law: John Irwin Memo

What can be done to challenge this? A lawsuit by people who have been forced to overpay, brought against the Probate and Family Court, is the only thing I can think of. I started to do one a few years back, and became so bogged in helping individual clients get their children back, that I was not able to pursue it.

The time is ripe to try again.