Conference quokka::non_custodial_parents

252.0. "Are there rules for what a GaL does?" by SIETTG::HETRICK (shine my life like a light) Thu Feb 25 1993 14:58

	  Are there any enforcable guidelines for how a Guardian ad Litem
     must act, in New Hampshire?

	  I am involved in a divorce with a custody dispute, and the GaL
     has stated that his philosophy is that the children have no interests
     separate from the parents' interests.  Rather, he sees his role as
     mediating between the parents.

	  This has some effects that I regard as substantially negative for
     the children.  For example, the GaL sees nothing wrong with the mother
     exposing the children to toxic chemicals that she uses in her
     furniture refinishing business that she runs out of the house, because
     that's the way the mother chooses to live.  He sees nothing wrong with
     the mother moving her boyfriend and her boyfriend's three children
     into the house, and my children having to share their rooms with these
     other children, because it is how the mother chooses to live.  He sees
     nothing wrong with the mother routinely sleeping my six year old
     daughter, or having one of the boyfriends' children sleep with my
     daughter, or encouraging my daughter and the boyfriend's son to regard
     themselves as boyfriend and girlfriend, because it is how the mother
     chooses to run her household.  He sees nothing wrong with my children
     being routinely beaten by the boyfriend's children, because that's the
     household the mother chooses to provide.  He sees nothing wrong with
     the mother having had sex with various lovers with the children
     watching, because it is what the mother wants to do.  He sees nothing
     wrong with the mother telling the children that I will kill them and
     that I am not their father, or with the mother punishing the children
     for saying that they love me, because that's how the mother feels.

	  (All of these, by the way, are readily observable, admitted to by
     the mother, and/or are supported by sworn affidavits or depositions
     from multiple independent third parties.  These are facts -- and by no
     means all of the facts.  The GaL admits they are facts.  He simply
     regards them as irrelevant.)

	  The GaL has also refuses to issue a report.  Initially, he was to
     report by last summer.  Then he was ordered by the court to issue a
     final report by 15 January.  He is currently in violation of this
     order, and states that he has no plans to issue a report before the
     completion of the trial.  He did issue a preliminary informal letter
     report in the summer, which I showed to be incorrect in every finding
     of fact, which ignored every issue that I had raised concerning the
     mother's harming the children, and which contradicted the
     recommendation of the psychologist he had to a custodial evaluation.
     I presume that is why he refuses to issue a report now -- since he
     also refuses to investigate the circumstances of the case, he hasn't
     changed his mind any.

	  My attorney says that the chances of having the GaL removed are
     negligible.  We have made a motion to compel the GaL to issue a
     report; we expect the GaL to resist strongly, and probably continue to
     refuse to issue a report anyway.  We also expect to be able to show
     any report the GaL does issue to be incompetent and irrelevant to a
     major degree. 

	  I feel like I'm banging my head against a brick wall.  I have
     gone countless times through the exercise of observing, verifying,
     alleging, being told that the allegation could not possibly be true,
     then documenting, obtaining testimony of eyewitnesses, obtaining
     physical evidence, confronting the GaL and the mother with the
     evidence, having the GaL and the mother acknowledge that the
     allegation is indeed true after all, and then having the GaL say,
     "yes, but so what?"

	  Document, document, document.  I have 700 pages of documentation
     at this point.  I have testimony, physical evidence, and the mother's
     admission on most everything.  And I have a GaL who says, "so what?"

	  I thought the point of a Guardian ad Litem was to represent the
     children's interests.  What do you do with a GaL who believes that the
     children _have_ no interests separate from the parents' interests?

	  Sigh.  Maybe I just needed to vent.  But I'll gladly take advice.
     (Yes, I know FUEJ meets Tuesday nights.  See you there soon.)

				     Brian

    If the court has ordered the GAL to provide the report, and the GAL
    hasn't, then the GAL is in contempt of court.  Your lawyer is reluctant
    to do anything because lawyers are reluctant to take any action against
    any other lawyer.  IMHO the GAL should be found in contempt of court
    and removed from the case.  

    If you don't want to fire your lawyer and either get another lawyer
    that will do it for you or go pro-se, you could possibly file a
    complaint with the Judicial Commission (or whoever takes these
    complaints in your state) (call the local Bar Association for addresses
    of where to file) against the GAL and also possibly against
    your lawyer for not looking after your best interests when he too
    knows the GAL is reluctant to comply with the court.  Part of the
    Code of Responsibility for lawyers is to take action if they see
    any officer of the court screwing up.

    fred();

    I believe you could start an independent legal action against the
    Guardian Ad Litem -- On your own, Pro-Se.  I'd not fire your lawyer. 
    I'd demand that he start representing you.  You may need to sue him,
    too.  It's easier if he quits your case than if you fire him.  If you
    fire him, he can say he was about to do the right things for you.
    
                                 Kurt