the duty of a guardian ad litem in a custody dispute “has almost universally been seen as owing ... to the court that appointed him, [and] not strictly ... to the child”
How later courts described this case
- the duty of a guardian ad litem in a custody dispute “has almost universally been seen as owing ... to the court that appointed him, [and] not strictly ... to the child”
- in custody matters the guardian ad litem has almost universally been seen as owing his primary duty to the court that appointed him
Written by the judges who cited it.
The opinion
SUMMERS, Justice,
concurring in part and dissenting in part, with whom OPALA, J., joins.
I do not believe the Court adequately resolves the issue caused by admission of the Sternlof report. The report as admitted was hearsay, it appears to fit none of the exceptions, a timely objection was made specifying the correct grounds, and the report further appears to have been of considerable probative value in the case, raising a likelihood that prejudice occurred.