Does a child bring the case in their own name?

The case is in the child’s name, but a child cannot conduct it. An adult is appointed to act for them — a guardian ad litem, meaning "for the purposes of the case". It is a role that exists only inside that lawsuit.

Can the child object to who is appointed?

The form has a box for it. Item 6 records whether the minor does or does not object to the person named, and a minor of 14 or older can be the applicant themselves.

Why does the form ask about the applicant’s relationships?

Because a guardian ad litem is meant to act in the represented person’s interest and nobody else’s. The disclosure section asks the proposed guardian to state their relationship to the person and to describe any actual or potential conflict of interest.

Is a settlement for a child final once everyone agrees?

No. A guardian ad litem has power to compromise the case only with the approval of the court in which it is pending. That is a real hearing, not a formality, and it exists to protect the child from the adults.

CIV-010, the guardian ad litem application

Reviewed by Slick Nick, California licensed attorney · State Bar #324789 · Last updated September 1, 2026

The form is numbered CIV-010/FL-935 — one form serving both civil and family law, which is why it carries two numbers. "Application for Appointment of Guardian ad Litem—Civil and Family Law", mandatory use, revised January 1, 2024. This page explains what it asks for. It does not tell you what to write, and it is not legal advice. The official form.

What a guardian ad litem is

A child who is injured has a claim, but a child cannot run a lawsuit. So the court appoints an adult to act for them inside that case — ad litem means for the purposes of the litigation, and the role ends with it. It is not guardianship of the child, and it is not custody. The same mechanism covers an adult who lacks capacity to make decisions, and a person for whom a conservator has been appointed.

What the form asks

1. Who is applying: The applicant states their capacity, checking all that apply: the parent of a named person, the guardian, the conservator, a party to the suit, another interested person with a space to specify the capacity, or — notably — the minor to be represented, if the minor is 14 years of age or older.
2. Who should be appointed: The proposed guardian ad litem, with name, address, phone number and email address.
3. Whose interest is represented: The person the guardian ad litem will act for, with contact details.
4. Why they need one: Check all that apply: a minor, with a date of birth; a person who lacks legal capacity to make decisions, with a space to explain the basis for the claim; or a person for whom a conservator has been appointed, with a space for the details of the appointment. Both of the latter two have continuation attachments.
5 and 6. The minor's position: Item 6 records, among other things, whether the minor does or does not object to the appointment of the person named, and whether the person has no guardian or conservator of the estate. Where one exists, their name, address, telephone number and email are given.
7. Signature of the applicant and the attorney: Dated, with printed names.
8 and 9. Disclosures and consent to act: Signed by the proposed guardian ad litem, not the applicant. Item 8 asks them to state their relationship to the person represented — no relationship, a familial relationship, or an affiliate non-familial relationship, each with a space to specify. Item 9 asks them to describe any actual or potential conflict, with a continuation attachment.

The form is headed with an ex parte box, meaning the application can be made without a noticed hearing in the ordinary case.

The part that matters at the end of the case

A guardian ad litem does not simply settle a child's case. The statute gives the power to compromise the action with the approval of the court in which the action is pending. That approval is a hearing, and the court is being asked to look after a person who cannot look after themselves — it is not a rubber stamp, and it can and does take time.

How deadlines run for a minor's claim · how long a claim takes.

Common questions

Does a child bring the case in their own name?: The case is in the child’s name, but a child cannot conduct it. An adult is appointed to act for them — a guardian ad litem, meaning "for the purposes of the case". It is a role that exists only inside that lawsuit.
Can the child object to who is appointed?: The form has a box for it. Item 6 records whether the minor does or does not object to the person named, and a minor of 14 or older can be the applicant themselves.
Why does the form ask about the applicant’s relationships?: Because a guardian ad litem is meant to act in the represented person’s interest and nobody else’s. The disclosure section asks the proposed guardian to state their relationship to the person and to describe any actual or potential conflict of interest.
Is a settlement for a child final once everyone agrees?: No. A guardian ad litem has power to compromise the case only with the approval of the court in which it is pending. That is a real hearing, not a formality, and it exists to protect the child from the adults.

Start a case review call

On a case review call, I go through the facts with you: what happened, when, whether you were hurt, whether anyone represents you, and how to reach you. It is not legal advice, and I will not put a value on your claim.

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Sources: CIV-010/FL-935, Application for Appointment of Guardian ad Litem—Civil and Family Law, Judicial Council of California — the form's own footer gives "Form Adopted for Mandatory Use", revised January 1, 2024, authority Code of Civil Procedure, § 372 et seq.; Family Code, §§ 6229, 7635. Item text read from the published form, retrieved 1 September 2026. Code Civ. Proc., § 372 (appointment of a guardian ad litem, and the power to compromise with court approval; amended Stats. 2022, ch. 843, § 1 (SB 1279)).