Rowe v. Rowe
218 P.3d 887, 2009 Okla. LEXIS 72, 2009 OK 66 (2009)
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Rule of Law:
A guardian ad litem appointed in a private divorce proceeding is not a party to the action and is not legally 'aggrieved' by a custody decision; therefore, the guardian ad litem lacks standing to appeal the court's order.
Facts:
- Traci R. Rowe (Mother) and Michael B. Rowe (Father) divorced in 1998 and later operated under a shared parenting plan for their minor child.
- In 2008, Donelle H. Ratheal was appointed as the guardian ad litem (GAL) for the child in the parents' ongoing custody matter.
- The trial court permitted the GAL to file a motion to modify custody.
- Following an investigation, the GAL submitted reports and recommended that Father be awarded sole custody of the child.
- After a trial where both parents testified and stipulated to dissolving the joint custody plan, the trial court awarded sole and exclusive custody to Mother.
- Neither Mother nor Father appealed the trial court's custody decision.
Procedural Posture:
- In a post-divorce proceeding, the trial court appointed Donelle H. Ratheal as guardian ad litem (GAL) for the minor child of Traci and Michael Rowe.
- The GAL filed a motion to modify custody, and after a trial, recommended Father be granted sole custody.
- The trial court disagreed with the GAL's recommendation and awarded sole custody to Mother.
- Neither the Mother nor the Father appealed the trial court's custody order.
- The GAL, Donelle H. Ratheal, filed a petition in error (an appeal) with the state's highest court, challenging the custody order.
- The appeal was assigned to the Court of Civil Appeals, an intermediate appellate court.
- Mother filed a motion to dismiss the appeal, arguing the GAL lacked standing.
- The Court of Civil Appeals dismissed the appeal for lack of standing.
- The Oklahoma Supreme Court granted the GAL's petition for certiorari to review the question of a GAL's standing to appeal.
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Issue:
Does a guardian ad litem in a private divorce proceeding have legal standing to appeal a trial court's child custody order when the parents themselves do not appeal?
Opinions:
Majority - Hargrave, J.
No. A guardian ad litem in a private divorce proceeding lacks standing to prosecute an appeal from the trial court's permanent custody order. Standing to appeal requires a person to be 'aggrieved' by a court's decision, meaning their substantial rights are injuriously affected. The GAL's role is to act as an arm of the court, investigating matters and advocating for the child's best interests as an objective advisor. The GAL is not a party to the litigation, has no personal stake in the outcome, and is not legally aggrieved by a trial court's decision not to follow her recommendation. The ultimate responsibility for making the custody determination lies solely with the trial court, which can make that decision with or without the assistance of a GAL.
Analysis:
This decision clarifies the scope and limitations of a guardian ad litem's role in private divorce custody proceedings in Oklahoma. It establishes that a GAL serves as an agent of the court, not as an independent party with the power to initiate or prolong litigation against the wishes of the actual parties (the parents). This holding prevents a GAL from substituting their judgment for that of the court and the parents by pursuing an appeal, thereby reinforcing the principle that appellate review is reserved for parties who have suffered a direct, legally cognizable injury. The case distinguishes the GAL's role in private divorce from their potentially different statutory roles in state-involved dependency or juvenile proceedings.
