Thursday, May 18, 2023

Failure to Reference the Guardian Ad Litem's Recommendation

 The Mississippi Supreme Court held in S.N.C. v. J.R.D. Jr., 755 So. 2d 1077, 1082 (¶18) (Miss. 2000), “that a chancellor shall include at least a summary review of the qualifications and recommendations of the guardian ad litem in the court’s findings of fact and conclusions of law.”  Furthermore, “when a chancellor’s ruling is contrary to the recommendation of a statutorily required guardian ad litem, the reasons for not adopting the guardian ad litem’s recommendation shall be stated by the court in the findings of fact and conclusions of law.”  Id.; see also Barber v. Barber, 288 So. 3d 325, 335 (¶¶37-38) (Miss. Ct. App. 2020) (reversing chancellor’s ruling and remanding for failing “to address the [GAL’s] findings and recommendations); Borden v. Borden, 167 So. 3d 238, 243 (¶13) (Miss. 2014) (finding the chancellor’s failure to “provide a summary of the [appointed GAL’s] report or a summary of his reasons for rejecting the [GAL’s] recommendation” was error).

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