CHIPS – Failure to Appoint Guardian Ad Litem

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WI Court of Appeals – District III

Case Name: Marathon County v. M.C., et al.

Case No.: 2018AP546

Officials: STARK, P.J.

Focus: CHIPS – Failure to Appoint Guardian Ad Litem

M.C. appeals a case closure order entered in a CHIPS proceeding regarding his son, Alex. In that order, the Marathon County Circuit Court granted primary physical placement of Alex to his mother, A.B., during the school year and granted M.C. and A.B. joint legal custody. On appeal, M.C. argues the circuit court erred by: (1) failing to appoint a guardian ad litem (GAL) for Alex to provide an opinion regarding Alex’s best interests related to the allocation of legal custody and physical placement between his parents; (2) using a contract analysis to determine legal custody and physical placement, rather than considering Alex’s best interests; and (3) limiting the evidence it considered to the time period between September 28, 2017, and December 29, 2017. M.C. argues these errors render the case closure order void, and an Outagamie County order dated December 21, 2017, is therefore the operative order concerning Alex’s legal custody and physical placement.

We agree with M.C. that the circuit court erred by failing to appoint a GAL for Alex to provide an opinion regarding his best interests related to the allocation of legal custody and physical placement between his parents. We further agree that the court’s failure to appoint a GAL renders the case closure order void. Because the dispositional order in the CHIPS proceedings has expired, the court is no longer competent to enter orders regarding Alex’s legal custody and physical placement. The Outagamie County order dated December 21, 2017, is therefore the operative order concerning those issues.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.