In a recent case, a father sought to cross-examine a guardian ad litem regarding her custody recommendation. The guardian ad litem argued that she could not be called as a witness in the custody litigation based on an Oklahoma statute (43 O.S. 107.3 (A)(2)(e)) that states that a guardian ad litem ‘is not subject to discovery under the Oklahoma Discovery Code.” The trial judge agreed and excused the guardian ad litem from testifying. The Oklahoma Supreme Court, in deciding this matter of first impression involving parental rights, held that due process necessitates that parents in a custody proceeding have the right to cross-examine a guardian ad litem concerning the basis of any custody recommendation. The Court found that to the extent that the statute relied upon by the guardian ad litem may be construed to excuse a guardian ad litem’s testimony, the statute is unconstitutional. Kelley v. Kelley, 104787, 2007 OK 100, _ P.3d _.’ ‘

Source for Post Oklahoma Family Law Blog.