Rule 8:6.The Roles of Counsel and of Guardians Ad Litem When Representing Children.

Part Eight: Juvenile and Domestic Relations District Courts · Last amended 2021 · Last verified July 16, 2026

In one sentenceRule 8:6 distinguishes the role of counsel for a child, who represents the child’s legitimate interests, from the role of a guardian ad litem, who must also tell the court when the child’s wishes differ from the guardian’s view.

Full Text of Rule 8:6

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The role of counsel for a child is the representation of the child's legitimate interests.

When appointed for a child, the guardian ad litem must vigorously represent the child, fully protecting the child's interest and welfare. The guardian ad litem must advise the court of the wishes of the child in any case where the wishes of the child conflict with the opinion of the guardian ad litem as to what is in the child's interest and welfare.

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Plain-English Summary

Two people may speak for a child in these courts, and they are not doing the same job. Counsel for a child represents the child’s legitimate interests. A guardian ad litem, once appointed, must vigorously represent the child and fully protect the child’s interest and welfare.

The difference shows when the child and the guardian disagree. A guardian ad litem who concludes that what the child wants is not what serves the child’s interest and welfare must still advise the court of the child’s wishes. The court hears both the guardian’s view and the child’s own position, and decides with both in front of it.

That obligation is what keeps a best-interests advocate from becoming the only voice in the room. It does not require the guardian to argue for what the child wants; it requires the guardian to make sure the court knows what that is.

Frequently Asked Questions

What is the role of counsel for a child?

The representation of the child’s legitimate interests.

How does a guardian ad litem’s role differ?

A guardian ad litem appointed for a child must vigorously represent the child, fully protecting the child’s interest and welfare — a best-interests role rather than a purely expressed-wishes one.

What happens when the child disagrees with the guardian ad litem?

The guardian ad litem must advise the court of the wishes of the child in any case where those wishes conflict with the guardian’s opinion as to what is in the child’s interest and welfare.

Is a guardian ad litem counsel of record?

Yes. Rule 8:2(b)(2) includes a guardian ad litem within the definition of counsel of record, with the obligations that carries — including the limit on withdrawing without leave of court.

Must the guardian ad litem argue for what the child wants?

The rule requires the guardian to advise the court of the child’s wishes where they conflict with the guardian’s opinion. It does not direct the guardian to adopt those wishes as the position advanced.

Amendment History

Last amended by Order dated November 23, 2020; effective March 1, 2021.

Source & verification. Rule text and amendment history are reproduced verbatim from the Rules of Supreme Court of Virginia, published by the Supreme Court of Virginia. Last verified July 16, 2026. · Official source

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