E. Testimony of Children’s Ad Litems
1. Attorney ad Litem
An attorney ad litem or an attorney serving in the dual role may not:
• Be compelled to produce attorney work product developed during the appointment as an attorney;
• Be required to disclose the source of any information;
• Submit a report into evidence; or
• Testify in court except as authorized by Tex. Disciplinary Rules Prof’l Conduct R. 3.08. Tex. Fam. Code § 107.007(a).
2. Guardian ad Litem
Unless the guardian ad litem is an attorney who has been appointed in the dual role and subject to the Texas Rules of Evidence, the court shall ensure in a hearing or in a trial on the merits that a guardian ad litem has an opportunity to testify regarding, and is permitted to submit a report regarding, the guardian ad litem’s recommendations relating to:
• The best interests of the child; and
• The bases for the guardian ad litem’s recommendations. Tex. Fam. Code § 107.002(e).
In a nonjury trial, a party may call the guardian ad litem as a witness for the purpose of cross-examination regarding the guardian’s report without the guardian ad litem being listed as a witness by a party. If the guardian ad litem is not called as a witness, the court shall permit the guardian ad litem to testify in the narrative. Tex. Fam. Code § 107.002(f).
In a contested case, the guardian ad litem shall provide copies of the guardian ad litem’s report, if any, to the attorneys for the parties as directed by the court, but not later than the earlier of:
• The date required by the scheduling order; or
• The 10th day before the date of the commencement of the trial. Tex. Fam. Code § 107.002(g).
Disclosure to the jury of the contents of a guardian ad litem’s report to the court is subject to the Texas Rules of Evidence. Tex. Fam. Code § 107.002(h).