Fixing Family Court: Gil Gatch Takes on Ex Parte Orders and GAL Power

South Carolina State Representative Gil Gatch joined The Unknown Podcast with hosts Richard Luthmann and Michael Volpe for a deep dive into temporary and ex parte orders, guardian ad litem reform, and the mechanics of legislative change in family court.

Gatch blasted the current system as one that allows temporary orders to become permanent status quos, stripping parents of rights for years based on flawed guardian ad litem (GAL) recommendations. He called GALs “the eyes and ears of the court” — but said they’ve become “mini-judges,” weighing in on custody instead of sticking to fact-finding. “Judges are elected,” he said. “Guardians are not.”

On ex parte orders, Gatch praised South Carolina’s limit of ten days, contrasting it with other states where one-sided emergency orders drag on for months. He admitted, though, that temporary hearings in South Carolina still lack cross-examination and rely on affidavits — “a due process problem,” he conceded, that allows lies to stand unchallenged.

The discussion turned to Luthmann’s proposal for systemic GAL reform: create a mandatory educational standard, automatic qualification for licensed attorneys, a gross-negligence standard for liability, and a regulatory body for oversight and continuing education. Gatch called it “a brilliant idea,” acknowledging it could bring accountability without overburdening honest practitioners.

Finally, Gatch weighed in on the debate over ad hoc committees versus standing subcommittees as vehicles for reform. While Luthmann and Volpe pointed to Arizona and Idaho’s special family-court committees as models for national change, Gatch warned they could become bureaucratic delay tactics. “If you want reform,” he said, “put it through the existing subcommittee process where everyone can speak. An ad hoc committee just gives power to the chair to pick who talks.”

The interview closed with Gatch urging advocates to stay professional and persuasive: “Win hearts and minds — not arguments.”

Key Takeaways:

Temporary and ex parte orders must be time-limited and revisited quickly.

Guardian ad litems should observe and report — not judge or recommend custody.

Oversight, training, and liability standards for GALs are essential.

Permanent subcommittees ensure transparency; ad hoc panels risk delay.