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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

396.0. "NCP *NOT PERMITTED* to read GAL report!" by TEXAS1::SOBECKY (It's complicated.) Wed Jun 26 1996 15:37

    
    I just discovered an astounding albeit dismaying fact regarding the
    report that a court-appointed Guardian at Litem generates in custody
    battles here in Massachussetts:
    
    You as a defendant in the divorce, or as an NCP seeking custody, are
    NOT permitted to read the final report.
    
    This means that you can be charged with many untrue and damaging
    allegations by your ex and are not allowed to find out the subsatnce of
    what was said against you.
    
    I find this incredible.
    
    John
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396.1MKOTS3::RAUHI survived the Cruel SpaWed Jun 26 1996 16:414
    WRONG!! You can see it! Less of course there is some crappie about
    sealing the case and child incest crap. I would apeal that one John!!
    
    
396.2QUOKKA::39702::SPICERWed Jun 26 1996 18:1317
    A GAL represents the child(ren). I don't know your circumstances but it 
    is generally better to have the GAL's support, ie don't p*** them off 
    without good reason.
    
    I experienced it both ways. Early GAL reports were not made available to 
    me or my ex. but the final report was. 
    
    After my divorce I got copies and discovered that confidential information 
    had been disclosed to the GAL that supported my position. If I had known 
    I would have used it and her impartiality would have been in question.
      
    Martin
    
    
    
    
    
396.3MKOTS3::RAUHI survived the Cruel SpaWed Jun 26 1996 18:223
    I got a copy of my GAL report when I was going thru it. And sue'ed the
    bloody GAL for malpractice and malfeason!! :)
    
396.4TEXAS1::SOBECKYIt's complicated.Thu Jun 27 1996 08:507
    Nothing like that here, George. I'm going by what my lawyer, clerk of
    probate, and two other lawyers told me yesterday.
    
    I'll get the final word today when I ask the judge.
    
    John
    
396.5MKOTS3::RAUHI survived the Cruel SpaFri Jun 28 1996 10:3612
    Perhaps, then I just made it under the wire. Or it was done in lew of
    the law suit that I levied against my GAL. :) 
    
    There is only one thing left to do then John... Fight like hell to see
    it. Make an issue out of it. Get all those like you in a grass roots
    level and file a class act suit against the state of Mass. For you are
    allowed to see such papers. There is a supreme court ruling.. #$#@
    1984. I will find it from my papers at home and post this tomorrow. A
    clear case of wrapping the flag in the interest of what is best for the
    child. Where under the flag exist maggots, rats, and pure crappie.
    
    
396.6MKOTS3::RAUHI survived the Cruel SpaFri Jun 28 1996 12:404
    I know someone else who has been denied the chance to read the GAL
    report.
    
    
396.7MIASYS::HETRICKFri Jun 28 1996 13:2817
	  My understanding is that GaL reports may be sealed "in the
     interests of the children" (the GaL's reason for existence, after
     all).  Generally this is supposed to be used if one or both parents
     would be upset at the GaL's findings and take it out on the children.

	  However, I know from personal experience the GaL may also order
     the report sealed to prevent the GaL being embarassed.  This may
     happen if the GaL simply ignores evidence, declines to speak to
     witnesses, deliberately misinterprets evidence, and so forth.

	  I would interpret a sealed GaL report as not a good sign.  I
     would interpret a GaL report sealed from one party but not the other
     as a very, very bad sign -- basically an accusation of an abusive
     history.  However, both attorneys can always read the report, and can
     usually give some sort of precis to the opposing parties.

				     Brian
396.8MKOTS3::RAUHI survived the Cruel SpaFri Jun 28 1996 14:374
    Sealing a report is in lew of child molesting, and or child abuse. And
    should not be a blantent mis-use.
    
    
396.9QUOKKA::11773::CASEYMon Mar 24 1997 16:583
    Both lawyers in our case were allowed to have copies of the GAL report.
    My husband and his ex are allowed to read the report but not allowed to
    have a copy of it.