WHAT CAN GAL'S DO?

I can recall speaking to the GAL in my case early in my custody matter in family court.  My ex had done some really damaging things to the kids and I called the GAL to see if she would do something about it. 

 

When I got her on the phone, she pretty much told me there was nothing she could do and that it was up to the attorneys in the case to take active steps on behalf of the children.  I'm like what the heck use are you if you can't even defend my kids and you are the GAL? 

 

Since then I have wondered about what she said.  Was she actually telling the truth? 

 

If you view her role as primarily investigatory, rather than one of advocacy, then it does make some sense.   

 

In looking through my case file I can see that for the better part of the first year in action, my GAL hadn't even filed an appearance with the court.  When she finally did submit her appearance it was in order to file a Motion For Order demanding that I open up to her the results of a psychological test that I took where I had apparently forgotten to sign a motion for release. 

 

That was pretty much the only motion she ever filed in what was a highly contentious divorce. 

 

I have heard of other GALs filing repeated Motions for Contempt in regard to unpaid attorney's fees, i.e. their attorney's fees.  One friend of mine told me that was improper and that the only motion a GAL is supposed to be able to file is a Motion For Advice. 

 

The bottom line, still, is that GALs are not supposed to be engaged in major involvement with the court system.  They are supposed to leave that to the attorneys for the parties in the case. 

 

However, currently there is one way that GALs can get the attention of the judge in a matter--they can submit a request for a status conference by filing Form JD-FM-219.  The link for this particular form is on the Connecticut Judicial Website at the following location:

 

http://www.jud.ct.gov/webforms/forms/fm219.pdf 

 

This form pretty much gives a GAL a broad and expansive range of options for requesting a judges' attention, as long as they bring it up within the context of a Status Conference. 

 

The form the GAL uses to obtain a Status Conference includes a section entitled "not urgent but requiring the Court's attention".  In this section a GAL can check off a request to have an attorney assigned to represent her should the case go to appeal.  She can also check off a box indicating that the matter to be adjudicated is a question of outstanding attorney's fees.

 

Another section addresses other matters a GAL can check off which are a matter of urgency--one regarding a situation which is an emergency in regard to the children and another to alert the court that one of the parties is not in compliance with orders regarding the children.  These latter concerns are worded so broadly that each could encompass pretty much anything. 

 

For example, I love the word "emergency"!  What does emergency mean in the eyes of a GAL or the trial court in a family matter?  It is my guess that the loose and shoddy definition of what the term "emergency" means will cause havoc for years to come in family court.

 

Why?  Because pretty much I would say anything meets the definition of emergency.  In family court, the favored party can cry "Wolf!" all they want and get away with murder.  

 

You'd think an emergency would be life threatening, like being dangled off a bridge by the hand, or being exposed to a drug orgy or a drive by shooting. 

 

But "no" according the family court some of the most insignificant matters are considered worth depriving the other party of access to his or her children.  Things like, mother made an off color remark about father in the presence of the children, or father expressed worry about his job--stuff like that is apparently worthy of a status conference, or an ex parte motion for sole custody. 

 

Meanwhile, the actual abuse of the favored party in denying a parent access to his or her child, or real abuse such as neglect or physical violence, who cares about that--right! 

 

Watch out for the fact that when GAL's call for a Status Conference they are likely to do so with little or absolutely no advanced notice to the less favored side.  Of course, doing so is a complete violation of a litigant's right to have reasonable notice of any court action and of any charges against him or her. 

 

But unfortunately, GALs can evade such protections of litigant rights by saying the subject matter was an emergency regarding the children and required immediate action.  For many judges that excuses all sorts of wrongdoing and misrepresentations which result in the denial of the children's actual right to access to their parents. 


Related Article:

http://www.divorceinconnecticut.blogspot.com/2012/02/guardian-ad-litem.html