Illinois Compiled Statutes
750 ILCS 5/506 (2026)
Representation of child
✓ current as of May 2026
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(750 ILCS 5/506)
(from Ch. 40, par. 506)
Sec. 506. Representation of child.
(a) Duties. In any proceedings involving the support, custody,
visitation, allocation of parental responsibilities, education, parentage, property interest, or general welfare of a
minor or dependent child, the court may, on its own motion or that of any
party, appoint
an attorney to serve in one of the following capacities to address the issues the court delineates:
(1) Attorney. The attorney shall provide independent | legal counsel for the child and shall owe the same duties of undivided loyalty, confidentiality, and competent representation as are due an adult client. |
(2) Guardian ad litem. The guardian ad litem shall | investigate the facts of the case and interview the child and the parties. Unless the court directs otherwise, the guardian ad litem shall submit to the court and the parties a written report, written recommendations, or a proposed parenting plan, in accordance with the child's best interests, not less than 30 days before a final hearing or trial. The guardian ad litem's written report or written recommendations shall be admitted into evidence without the need for foundation. The guardian ad litem shall be available for deposition before a final hearing or trial notwithstanding any other discovery cutoff. The guardian ad litem may be called as a witness for purposes of cross-examination regarding the guardian ad litem's report or recommendations. At the discretion of the court, the guardian ad litem: |
(i) may be present for all proceedings, including | in camera examinations of the child; |
(ii) may issue subpoenas for records as part of | the guardian ad litem's investigation; and |
(iii) may file pleadings relating to procedural | matters. |
(3) Child representative. The child representative | shall advocate what the child representative finds to be in the best interests of the child after reviewing the facts and circumstances of the case. The child representative shall meet with the child and the parties, investigate the facts of the case, and encourage settlement and the use of alternative forms of dispute resolution. The child representative shall have the same authority and obligation to participate in the litigation as does an attorney for a party and shall possess all the powers of investigation as does a guardian ad litem. The child representative shall consider, but not be bound by, the expressed wishes of the child. A child representative shall have received training in child advocacy or shall possess such experience as determined to be equivalent to such training by the chief judge of the circuit where the child representative has been appointed. The child representative shall not disclose confidential communications made by the child, except as required by law or by the Rules of Professional Conduct. The child representative shall not render an opinion, recommendation, or report to the court and shall not be called as a witness, but shall offer evidence-based legal arguments. The child representative shall disclose the position as to what the child representative intends to advocate in a pre-trial memorandum that shall be served upon all counsel of record prior to the trial. The position disclosed in the pre-trial memorandum shall not be considered evidence. The court and the parties may consider the position of the child representative for purposes of a settlement conference. |
(a-3) Additional appointments. During the proceedings the court may appoint an additional attorney to
serve in the capacity described in subdivision (a)(1) or an additional attorney to serve in another of the capacities described in subdivision (a)(2) or
(a)(3) on
the court's own motion or that of a party only for good cause shown and when the
reasons for the additional appointment are set forth in specific findings.
(a-5) Appointment considerations. In deciding whether to make an appointment of an attorney for the minor child, a guardian ad litem, or a child representative, the court shall consider the nature and adequacy of the evidence to be presented by the parties and the availability of other methods of obtaining information, including social service organizations and evaluations by mental health professions, as well as resources for payment.
In no event is this Section intended to or designed to abrogate the decision making power of the trier of fact. Any appointment made under this Section is not intended to nor should it serve to place any appointed individual in the role of a surrogate judge.
(b) Fees and costs. The court shall enter an order as appropriate for
costs, fees, and disbursements, including a retainer, when the attorney,
guardian ad litem, or child's representative is appointed. Any person appointed under this Section shall file with the court within 90 days of his or her appointment, and every subsequent 90-day period thereafter during the course of his or her representation, a detailed invoice for services rendered with a copy being sent to each party. The court shall review the invoice submitted and approve the fees, if they are reasonable and necessary. Any order approving the fees shall require payment by either or both parents, by any
other party or source, or from the marital estate or the child's separate
estate.
The court may not order payment by the Department of Healthcare and Family Services
in cases in which the Department is providing child support
enforcement services
under Article X of the Illinois Public Aid Code. Unless otherwise ordered by
the
court at the time fees and costs are
approved, all fees and costs payable to an attorney, guardian ad litem, or
child representative under this Section are by implication deemed to be in
the nature of support of the child and are within the exceptions to discharge
in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections 501 and 508 of
this Act shall apply to fees and costs for attorneys appointed under this
Section.
(Source: P.A. 103-126, eff. 1-1-24.)
Notes of Decisions
Cited in 83
cases (27 in the last 5 years), 1998–2026 · leading case: In Re Marriage of Bates, 819 N.E.2d 714 (Ill. 2004).
In Re Marriage of Bates, 819 N.E.2d 714 (Ill. 2004). “Those points, as described in her petition, were: (1) the trial court committed reversible error in ruling that section 506 of the Act (750 ILCS 5/506 (West 2002)) was constitutional and in admitting and considering the child representative’s report, and in modifying custody;…”
In re Marriage of Nienhouse, 821 N.E.2d 1228 (Ill. App. Ct. 2004). “The judgment for dissolution of marriage also incorporated an order awarding fees and costs to Goldman for his services as child representative pursuant to section 506 of the Marriage Act (750 ILCS 5/506 (West 2002)). On May 27, 2003, Robert filed a notice of appeal (case No.”
Vlastelica v. Brend, 2011 IL App (1st) 102587 (Ill. App. Ct. 2011). “Although a child representative is not intended to abrogate the decision making power of the trier of fact or act in the role of a surrogate judge (750 ILCS 5/506(a-5) (West 2010)), his investigative and advocacy roles aid the court making a neutral determination of the child’s…”
Cooney v. Rossiter, 583 F.3d 967 (7th Cir. 2009). “Under Illinois law, in proceedings involving a minor, the court can appoint a lawyer (1) to represent the child as an attorney would represent an adult, (2) to be the child’s representative, or (3) to be the child’s guardian ad litem.”
Levin v. Greco (In Re Greco), 397 B.R. 102 (Bankr. N.D. Ill. 2008). “A child's attorney is to "provide independent legal counsel for the child and shall owe the same duties of undivided loyalty, confidentiality, and competent representation as are due an adult client.”
Vlastelica v. Brend, 954 N.E.2d 874 (Ill. App. Ct. 2011). “The aggrieved party also may bring her concerns before the judge; in the case at bar, Milijana availed herself of that opportunity by filing multiple motions seeking Brend's discharge and by appealing the circuit court's denial of said motions.”
In Re Marriage of Kostusik, 836 N.E.2d 147 (Ill. App. Ct. 2005). “750 ILCS 5/506(a) (West 2004). Specifically, section 506 provides for representation of children in three different ways: (1) an attorney to represent the child; (2) a guardian ad litem to address issues the court delineates; or (3) a child’s representative, “whose duty shall be…”
Macknin v. Macknin, 937 N.E.2d 270 (Ill. App. Ct. 2010). “and that, pursuant to section 506 of the Illinois Marriage and Dissolution of Marriage Act (Dissolution of Marriage Act) (750 ILCS 5/506 (West 2008)) and article IX of the Supreme Court Rules (210 Ill.”
In Re Marriage of Bhati & Singh, 920 N.E.2d 1147 (Ill. App. Ct. 2009). “Motion to Strike Closing Statement Next, Meeta contends that the circuit court's order denying her motion to strike child representative Jean Conde's closing statement was a violation of section *1157 506(a)(3) (750 ILCS 5/506(a)(3) (West 2006)) of the Act.”
Golden v. Helen Sigman & Assocs., Ltd., 611 F.3d 356 (7th Cir. 2010). “3d at 969 (explaining that a “child’s representative is a hybrid of a child’s attorney, 750 ILCS 5/506(a)(1), and a child’s guardian ad litem ”).”
In re Marriage of Nash, 2012 IL App (1st) 113724 (Ill. App. Ct. 2012). “” 750 ILCS 5/506(b) (West 2010). Ms. Wypych requested fees in the amount of $11,274 to “be paid by the parties as this Court deems proper.”
In Re Marriage of Saheb & Khazal, 880 N.E.2d 537 (Ill. App. Ct. 2007). “” 750 ILCS 5/506(a)(2) (West 2006). Section 506 also provides that the “guardian ad litem may be called as a witness for purposes of cross-examination regarding the guardian ad litem’s report or recommendations.”
— 750 ILCS 5/506(2) — 1 case
In re Teresa M., 2024 IL App (4th) 240849-U (Ill. App. Ct. 2024).
— 750 ILCS 5/506(a) — 19 cases
Cooney v. Rossiter, 583 F.3d 967 (7th Cir. 2009). “Under Illinois law, in proceedings involving a minor, the court can appoint a lawyer (1) to represent the child as an attorney would represent an adult, (2) to be the child’s representative, or (3) to be the child’s guardian ad litem.”
In Re Marriage of Bates, 819 N.E.2d 714 (Ill. 2004). “Those points, as described in her petition, were: (1) the trial court committed reversible error in ruling that section 506 of the Act (750 ILCS 5/506 (West 2002)) was constitutional and in admitting and considering the child representative’s report, and in modifying custody;…”
In Re Marriage of Kostusik, 836 N.E.2d 147 (Ill. App. Ct. 2005). “750 ILCS 5/506(a) (West 2004). Specifically, section 506 provides for representation of children in three different ways: (1) an attorney to represent the child; (2) a guardian ad litem to address issues the court delineates; or (3) a child’s representative, “whose duty shall be…”
In Re Marriage of Ricketts, 768 N.E.2d 834 (Ill. App. Ct. 2002).
Macknin v. Macknin, 937 N.E.2d 270 (Ill. App. Ct. 2010). “and that, pursuant to section 506 of the Illinois Marriage and Dissolution of Marriage Act (Dissolution of Marriage Act) (750 ILCS 5/506 (West 2008)) and article IX of the Supreme Court Rules (210 Ill.”
— 750 ILCS 5/506(a)(1) — 7 cases
Vlastelica v. Brend, 2011 IL App (1st) 102587 (Ill. App. Ct. 2011). “Although a child representative is not intended to abrogate the decision making power of the trier of fact or act in the role of a surrogate judge (750 ILCS 5/506(a-5) (West 2010)), his investigative and advocacy roles aid the court making a neutral determination of the child’s…”
Vlastelica v. Brend, 954 N.E.2d 874 (Ill. App. Ct. 2011). “The aggrieved party also may bring her concerns before the judge; in the case at bar, Milijana availed herself of that opportunity by filing multiple motions seeking Brend's discharge and by appealing the circuit court's denial of said motions.”
Golden v. Helen Sigman & Assocs., Ltd., 611 F.3d 356 (7th Cir. 2010). “3d at 969 (explaining that a “child’s representative is a hybrid of a child’s attorney, 750 ILCS 5/506(a)(1), and a child’s guardian ad litem ”).”
Davidson v. Gurewitz, 2015 IL App (2d) 150171 (Ill. App. Ct. 2015).
Nichols v. Fahrenkamp, 2019 IL 123990 (Ill. 2021).
— 750 ILCS 5/506(a)(2) — 24 cases
In Re Marriage of Saheb & Khazal, 880 N.E.2d 537 (Ill. App. Ct. 2007). “” 750 ILCS 5/506(a)(2) (West 2006). Section 506 also provides that the “guardian ad litem may be called as a witness for purposes of cross-examination regarding the guardian ad litem’s report or recommendations.”
Nichols v. Fahrenkamp, 2019 IL 123990 (Ill. 2019).
Levin v. Greco (In Re Greco), 397 B.R. 102 (Bankr. N.D. Ill. 2008). “A child's attorney is to "provide independent legal counsel for the child and shall owe the same duties of undivided loyalty, confidentiality, and competent representation as are due an adult client.”
Vlastelica v. Brend, 2011 IL App (1st) 102587 (Ill. App. Ct. 2011). “Although a child representative is not intended to abrogate the decision making power of the trier of fact or act in the role of a surrogate judge (750 ILCS 5/506(a-5) (West 2010)), his investigative and advocacy roles aid the court making a neutral determination of the child’s…”
Nichols v. Fahrenkamp, 2019 IL 123990 (Ill. 2021).
— 750 ILCS 5/506(a)(2)(iii) — 1 case
In re Marriage of Hayden, 2025 IL App (1st) 241296-U (Ill. App. Ct. 2025).
— 750 ILCS 5/506(a)(3) — 21 cases
In Re Marriage of Bates, 819 N.E.2d 714 (Ill. 2004). “Those points, as described in her petition, were: (1) the trial court committed reversible error in ruling that section 506 of the Act (750 ILCS 5/506 (West 2002)) was constitutional and in admitting and considering the child representative’s report, and in modifying custody;…”
In Re Marriage of Bhati & Singh, 920 N.E.2d 1147 (Ill. App. Ct. 2009). “Motion to Strike Closing Statement Next, Meeta contends that the circuit court's order denying her motion to strike child representative Jean Conde's closing statement was a violation of section *1157 506(a)(3) (750 ILCS 5/506(a)(3) (West 2006)) of the Act.”
Vlastelica v. Brend, 2011 IL App (1st) 102587 (Ill. App. Ct. 2011). “Although a child representative is not intended to abrogate the decision making power of the trier of fact or act in the role of a surrogate judge (750 ILCS 5/506(a-5) (West 2010)), his investigative and advocacy roles aid the court making a neutral determination of the child’s…”
In Re Marriage of Kostusik, 836 N.E.2d 147 (Ill. App. Ct. 2005). “750 ILCS 5/506(a) (West 2004). Specifically, section 506 provides for representation of children in three different ways: (1) an attorney to represent the child; (2) a guardian ad litem to address issues the court delineates; or (3) a child’s representative, “whose duty shall be…”
Vlastelica v. Brend, 954 N.E.2d 874 (Ill. App. Ct. 2011). “The aggrieved party also may bring her concerns before the judge; in the case at bar, Milijana availed herself of that opportunity by filing multiple motions seeking Brend's discharge and by appealing the circuit court's denial of said motions.”
— 750 ILCS 5/506(a)(l) — 2 cases
Cooney v. Rossiter, 583 F.3d 967 (7th Cir. 2009). “Under Illinois law, in proceedings involving a minor, the court can appoint a lawyer (1) to represent the child as an attorney would represent an adult, (2) to be the child’s representative, or (3) to be the child’s guardian ad litem.”
Levin v. Greco (In Re Greco), 397 B.R. 102 (Bankr. N.D. Ill. 2008). “A child's attorney is to "provide independent legal counsel for the child and shall owe the same duties of undivided loyalty, confidentiality, and competent representation as are due an adult client.”
— 750 ILCS 5/506(b) — 21 cases
In re Marriage of Nash, 2012 IL App (1st) 113724 (Ill. App. Ct. 2012). “” 750 ILCS 5/506(b) (West 2010). Ms. Wypych requested fees in the amount of $11,274 to “be paid by the parties as this Court deems proper.”
In re Marriage of Shen, 2015 IL App (1st) 130733 (Ill. App. Ct. 2015).
Levin v. Greco (In Re Greco), 397 B.R. 102 (Bankr. N.D. Ill. 2008). “A child's attorney is to "provide independent legal counsel for the child and shall owe the same duties of undivided loyalty, confidentiality, and competent representation as are due an adult client.”
In re Marriage of Nienhouse, 821 N.E.2d 1228 (Ill. App. Ct. 2004). “The judgment for dissolution of marriage also incorporated an order awarding fees and costs to Goldman for his services as child representative pursuant to section 506 of the Marriage Act (750 ILCS 5/506 (West 2002)). On May 27, 2003, Robert filed a notice of appeal (case No.”
In re Marriage of Potenza, 2020 IL App (1st) 192454 (Ill. App. Ct. 2020).
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