Reported / Citable
Background
Kathryn Marks filed a petition concerning the return of a child, E.R.C.M., against Trevor Colm. U.S. District Judge David A. Ezra referred the matter to U.S. Magistrate Judge Mark Lane for judicial mediation.
After conducting mediation on July 9, 2026, the magistrate judge concluded that a guardian ad litem should be appointed to protect the child’s safety and well-being regarding possession and access while the parties awaited a final evidentiary hearing on the return petition.
The Court’s Holding
The magistrate judge recommended that the district judge appoint Michelle Fernald as guardian ad litem. The proposed appointment would authorize her to interview the child and relevant adults, inspect both parents’ residences, review records and medical care, investigate visitation-related facts, encourage settlement, and recommend interim possession and access arrangements.
The report further recommended requiring the parents and records custodians to give the guardian access to the child and relevant information, subject to applicable federal restrictions on certain substance-treatment records. It also called for sealed reports every 30 days, authorized the guardian to participate in proceedings concerning interim visitation without acting as counsel, and required confidentiality. The magistrate judge ordered Trevor Colm to pay the guardian’s reasonable invoices within seven days of receipt.
Key Takeaways
- The document is a magistrate judge’s report and recommendation, not a final ruling on the petition for return of the child.
- The proposed guardian ad litem’s role is limited principally to protecting the child and advising the court on interim possession, access, and visitation pending the final evidentiary hearing.
- The recommended information-access provisions are broad, covering residences, social-service files, law-enforcement records, school records, court records, and most medical and mental-health records.
- Trevor Colm was directed to pay the guardian ad litem’s reasonable fees within seven days after receiving each invoice.
Why It Matters
The recommendation would give the court an independent source of information about the child’s circumstances while the return petition remains unresolved. By requiring recurring sealed reports and permitting recommendations on interim access, the proposed appointment is designed to address immediate child-welfare concerns without deciding the ultimate merits of the petition.
The report also delineates the guardian’s authority: she may investigate, report, attend relevant proceedings, and testify when necessary, but may not call or question witnesses or otherwise provide legal services.