Florida Guardian ad Litem Immunity
Guardian ad Litems appointed to cases in Florida are afforded protections from suit by Florida Statute 61.405. This statute provides Florida guardian ad litem immunity when they are handling cases in good faith.
Guardian ad litem immunity will apply in cases where the guardian is conducting an investigation that complies with the law and the order of appointment. Analyzing the order appointing the guardian ad litem is important to make sure the guardian is acting in good faith and within the scope of their appointment.
Good Faith? What about Bad Faith?
You should immediately consult with a qualified attorney if you believe that a guardian ad litem appointed in your case is not acting in good faith. An example of questionable conduct might be the guardian ad litem intentionally reporting incorrect information or otherwise misleading the court about their investigation. Questioning whether a guardian ad litem is acting in bad faith and whether the guardian ad litem immunity is implicated is a very serious matter. Guardian ad litem immnity requires consideration of many facts that are specific to each individual case so it is imperative to receive the opinion of a qualified attorney if you have concerns.
Guardian ad Litem Confidentiality
Florida Statute 61.404 requires a guardian ad litem to maintain confidentiality of all information and documents received from any source. Only in the guardian ad litem’s discrestion, in a report to the court, served upon both parties to the action or as directed from the court. A guardian ad litem may not disclose any information outside the parameters of Florida Statute 61.404.
Confidentiality and privacy are important to many litigants that are involved in litigation involving their children. Stay vigilent to ensure that the guardian ad litem that might be appointed in your case maintains the protections you expect and are provided under Florida law. While Guardian ad Litems provide Florida court’s a valuable resource, making sure the guardian operates confidentiality is important for a litigant.
You should ask questions if you believe a guardian ad litem appointed in your case is acting in bad faith or is not maintaining strict confidentiality. Attorney Matthew D. Martin handles cases involving alimony, child support, and temporary relief hearings.