How GALs Handle Child Testimony: What Parents Should Know

Process guide · By GAL eRegistry Research · 2026-04-03 · 8 min read

How GALs Handle Child Testimony: What Parents Should Know — Essential guide for Washington State families.

Navigating a child custody dispute in Washington State is inherently challenging, and when a Guardian ad Litem (GAL) is appointed, their role in gathering information, including children's voices, becomes crucial. For parents, understanding how a GAL approaches child testimony and what safeguards are in place is paramount. This article aims to demystify this process, providing practical insights and focusing on your child's well-being.

The Guardian ad Litem's Role: Beyond Just "Interviewing" Children

In Washington State, a GAL is appointed by the court in family law cases to investigate, report, and make recommendations to the court concerning the best interests of a child. Their duties are broad, as outlined in RCW 26.12.175, and explicitly include ascertaining the child's wishes, feelings, attachments, and other relevant factors. However, the process of gathering this information from children, especially regarding their "testimony," is nuanced and differs significantly from how adult testimony is typically handled.

The goal is not to put a child on the stand in open court to be cross-examined. Washington State courts are highly protective of children and strive to avoid placing them in emotionally damaging situations. Instead, the GAL acts as an independent investigator, gathering information that may include the child's perspective, without subjecting them to the pressures of a formal courtroom setting.

How GALs Gather Information from Children

A GAL employs various methods to understand a child's experiences and preferences. These methods are designed to be age-appropriate and minimize stress for the child.

Direct Interviews (Age-Appropriate)

This is the most common method. A GAL will typically meet with the child, often in a neutral setting like the child's school, the GAL's office, or sometimes one of the parents' homes (though this can be controversial depending on the circumstances). The GAL's approach will vary significantly depending on the child's age and developmental stage:

Younger Children (Preschool/Early Elementary): For very young children, direct interviews might involve play therapy, drawing, or observing their interactions. The GAL will focus on understanding their daily routines, who they feel comfortable with, and their general emotional state, rather than asking leading or direct questions about parental preference. They might ask, "What do you like to do with Mommy/Daddy?" or "Who helps you when you're sad?" Elementary School-Aged Children: With this age group, the GAL can engage in more direct conversation. They will still use open-ended questions and active listening, allowing the child to express their feelings without pressure. They might ask about school, friends, and their comfort level in each parent's home. Adolescents/Teenagers: Older children can often articulate their opinions and preferences more clearly. The GAL will listen to their concerns, their wishes regarding residential schedule, and their perceived relationships with each parent. However, even with teenagers, the GAL's role is not simply to "rubber-stamp" their stated preference but to understand the underlying reasons and assess if those preferences are truly in their best interests, or if they might be influenced by a parent or other factors.

Practical Tip for Parents: Do not coach your child on what to say to the GAL. This can be detrimental to your case and, more importantly, to your child's well-being. Encourage your child to be honest and open. Explain that the GAL is there to help the judge understand what is best for them.

Observing Children

GALs often observe children in different environments, such as during exchanges between parents, at school, or during supervised visits. These observations can provide valuable insights into a child's comfort level, emotional state, and interactions with various caregivers, which direct interviews alone might not reveal.

Reviewing Records and Collateral Information

While not direct "testimony," a GAL will often gather information about a child from various sources, including:

School records and reports Medical and counseling records Interviews with teachers, counselors, doctors, and other professionals who have knowledge of the child Interviews with other family members (grandparents, aunts/uncles)

This comprehensive approach helps the GAL build a holistic picture of the child's life and needs.

Protecting Children: Washington State Laws and GAL Protocol

Washington State statutes provide safeguards to ensure children are protected during custody proceedings.

RCW 26.12.177: Child Testimony in Court

This statute is critical. It explicitly states that a child may not be called as a witness to testify in open court in a proceeding under this chapter without a prior showing of good cause and the court's express permission. This underscores the judiciary's strong preference against direct child testimony in court. The "good cause" standard is stringent and rarely met, as the emotional harm to a child often outweighs any perceived benefit of direct testimony.

If "good cause" is found, the court must take further steps to protect the child, which may include:

Taking the child's testimony outside of the courtroom Using closed-circuit television or other electronic means Limiting the scope of testimony Appointing counsel for the child (different from a GAL, as a child's attorney represents the child's stated wishes, while a GAL represents their best interests)

GAL Training and Ethical Guidelines

GALs in Washington State are required to undergo specific training, which includes how to interview children in an age-appropriate and non-leading manner. They are bound by ethical guidelines that prioritize the child's safety and emotional well-being above all else. A competent GAL will be sensitive to a child's vulnerability and avoid putting undue pressure on them.

Practical Tip for Parents: If you have concerns about how a GAL is interacting with your child, document your concerns and discuss them with your attorney. If you do not have an attorney, you can send a written concern to the GAL and, if necessary, the court, though it is usually best to consult with an attorney first.

Ascertaining the Child's Wishes vs. Best Interests

It's crucial for parents to understand the distinction between a child's "wishes" and their "best interests." While a GAL must ascertain a child's wishes (RCW 26.12.175(2)(d)), these wishes are just one factor among many that inform the GAL's recommendation. The ultimate recommendation is always based on the child's best interests, which may not always align with the child's stated preference, especially if the child's wishes are:

Based on fleeting desires (e.g., wanting to live with the parent who gives more screen time) Influenced by one parent Not developmentally appropriate Contrary to their long-term safety or well-being

The GAL's role is to weigh all factors, including the child's wishes, parental capacity, historical caregiving, stability, and the child's developmental needs, to determine what path truly serves the child's best interests.

What Parents Should NOT Do Regarding Child Testimony

Do NOT coach your child: As mentioned, this is harmful to your child and can negatively impact your case. Do NOT use your child as a messenger: Avoid asking your child to relay messages or information to the GAL or the other parent. Do NOT interrogate your child after a GAL interview: This can make your child feel pressured, violate their privacy, and skew future interactions with the GAL. Instead, you might ask, "Did you feel okay talking to the GAL?" or "Do you have any questions for me about it?" Do NOT denigrate the other parent to your child: This creates parental alienation and puts your child in the middle, severely damaging their emotional health and your relationship with them. Do NOT pressure your child to "tell the truth" in a way that suggests there's a "right" answer: Encourage genuine and honest communication, whatever that means for your child.

Advocating for Your Child Through the GAL

While you cannot control what your child says, you can still advocate for them effectively:

Provide the GAL with relevant information: Share specific concerns, anecdotes, and documentation that you believe are pertinent to your child's well-being. Communicate respectfully with the GAL: Maintain professional and consistent communication. Provide factual information and stay focused on your child's needs. Discuss concerns with your attorney: Your attorney can communicate with the GAL on your behalf, ensuring your perspective is heard without you inadvertently creating issues. Understand the GAL report: When the GAL's report is issued, review it carefully with your attorney. You have the right to challenge factual inaccuracies or biases in the report, including how the child's input was interpreted.

Remember, the GAL's recommendations are just that – recommendations. The court ultimately makes the final decision. Through informed engagement and ethical conduct, you can help ensure your child's perspective is heard and their best interests are protected.

To find qualified GALs in your area or review training resources, visit our GAL Directory and Training Resources. Understanding the process is your first step toward effective advocacy.

Key Takeaways

GALs ascertain child wishes, but focus on best interests: A child's stated preference is considered but doesn't solely determine the GAL's recommendation. Children rarely testify in court: RCW 26.12.177 strongly protects children from formal court testimony, requiring "good cause." GALs use age-appropriate methods: Interviews, observations, and collateral information are used, tailored to the child's developmental stage. Do NOT coach or pressure your child: This is detrimental to your child and your case. Encourage honesty and openness. Advocate respectfully and factually: Provide the GAL with relevant information and discuss concerns with your attorney. GALs are neutral investigators: Their role is to provide an objective report to the court. * Accountability is crucial: If you have concerns about GAL conduct, document them and discuss with your attorney.