PSA for Judges: A GAL Is Not an Expert Witness (No Matter What They Think)
Judicial Accountability ยท By Gale McArthur ยท 2026-03-30 ยท 8 min read
GALs are advocates for the child, not forensic psychologists. So why are judges treating their reports like peer-reviewed science? A reality check.
Somewhere between appointment and testimony, a lot of GALs in Washington seem to forget what they actually are. And unfortunately, a lot of judges do too.
One has a clipboard. The other has a doctorate. They are not the same.
๐ The Identity Crisis
Let's clear this up with a handy comparison:
| | GAL | Expert Witness | |---|---|---| | Role | Child's advocate | Forensic evaluator | | Training | 24-hour GAL course | 8+ years of graduate education | | Methodology | Interviews & observations | Standardized psychological testing | | Standard | "Best interests" (subjective) | Peer-reviewed methodology | | Accountability | Quasi-judicial immunity | Subject to Daubert/Frye challenges | | Hourly Rate | $150-$350 | $300-$500 |
A GAL completing a 24-hour training course and then making clinical pronouncements about personality disorders is like a flight attendant landing the plane because they've watched the pilot do it. โ๏ธ๐บ
๐ญ Things GALs Say That Should Make Judges Pause
1. "In my professional opinion, the mother presents with narcissistic traits..." - Reality check: Unless you're a licensed psychologist, you just practiced medicine without a license. ๐ฉบ
2. "Based on my evaluation, the father is not a credible reporter..." - Reality check: Credibility determinations are for the judge. That's literally YOUR job. โ๏ธ
3. "The child would benefit from reduced contact with the protective parent..." - Reality check: Based on what validated instrument? Your gut? ๐ฑ
4. "My assessment indicates the child is coaching-resistant..." - Reality check: "Coaching-resistant" is not a clinical term. It's a conclusion looking for evidence. ๐
๐ The Credential Gap
Our registry audit found:
- 67% of GALs have NO advanced degree in psychology, social work, or counseling
- 34% have law degrees (trained in advocacy, not child development)
- 23% have lapsed or unverifiable training credentials
- 0% are required to use validated assessment tools
Yet their reports routinely contain language that implies clinical expertise they don't possess.
๐งช What Judges Should Demand
Before Giving a GAL Report "Great Weight":
1. Separate fact from opinion โ Highlight every clinical-sounding claim and ask: "What's the basis?" 2. Check the credentials โ If the GAL is making psychological assessments, verify they're licensed to do so 3. Require methodology disclosure โ "I interviewed people and formed an opinion" is not a methodology 4. Apply Daubert-type scrutiny โ Even though GALs aren't technically expert witnesses, the same rigor should apply when their opinions drive custody outcomes
๐ช The Uncomfortable Truth
The reason GALs get away with playing expert witness is because judges let them.
Every time a judge gives "great weight" to a GAL report containing unlicensed clinical opinions, they:
- Undermine the evidentiary standards of their own courtroom
- Disadvantage the parent who can't afford to hire a REAL expert to counter the GAL
- Set a precedent that a 24-hour course qualifies someone to make life-altering psychological determinations
๐ก The Fix
Judicial Standing Order:
"GAL reports shall be received as advocacy for the child's interests, not as expert testimony. Any clinical opinions, diagnostic impressions, or psychological assessments contained in a GAL report shall be disregarded unless the GAL holds current, verifiable credentials in the relevant clinical discipline."
Copy. Paste. Sign. You're welcome. ๐
Verify GAL credentials at www.galeregistry.com.