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Thursday, October 16, 2014

THE CT LAW TRIBUNE CALLS VICTIMS OF GAL ABUSE LIARS!

Below is the complete text of The Connecticut Law Tribune's recent article in regard to Guardian Ad Litems in which The Tribune denies the reality of the experiences of those who have been abused by GALs.  See below:
 
"A guardian ad litem is a person who represents children in contested divorces where the parties—the parents—cannot agree on custody of the children. In order to be a GAL in Connecticut one must go through a lengthy training process. Every prospective GAL, even attorneys who have extensive experience in child custody matters and training in child development, must go through the training, as well as periodic updated training.
 
It is a given that the GAL's job is not an easy one. Divorcing parents often lose perspective in the course of ending their marriage; emotions take over where better judgment used to rule. Parties to a divorce sometimes forget their responsibilities as parents and let their bitter disagreements with each other spill over into the lives of their children. These children are already distressed by their parents' divorce and the huge changes that the divorce will undoubtedly cause in their own lives, often including changes in residence, school, and family income, not to mention emotional upheaval.
 
Enter the GAL. In the midst of what can be a bitter battle, the GAL's job is to understand the situation, get to know the children, and speak for them. The GAL represents the best interests of the child when the parents are not doing that. In the course of doing that job, the GAL is lobbied by both parents, intent on getting or retaining control of the children, or perhaps intent only in defeating the other parent. Good, responsible parents do not let their divorce affect their children any more than is absolutely necessary. But other parents, too intent on their own interests, fight fierce divorce battles, not understanding, or perhaps not caring, what collateral damage is being done to their children. The children are caught in the middle of this battle, and so is the GAL.
 
In recent months, some parents have railed out against both GALs and judges in family courts, alleging abuses by both. Perhaps some of their accusations are true, but many, probably most, are not. GALs do important work, and are rarely paid at rates that reflect either their experience or their value. The furor against them has resulted in action by the state Judicial Branch to regulate pay for GALs. The new sliding scale for paying GALs will not solve the problem and it puts a burden on the system that should not be necessary. The new fee schedule appears likely to reduce the fees paid to many GALs; it will not be surprising if, as a result, many former GALs decide to abandon that role.
 
The complaints about GALs at this time appears to us to be largely unjustified. Most GALs are hard-working attorneys who do this work because they believe that it is important and that they can help children avoid some of the damage frequently caused by their parents' divorce. It should be remembered that if divorcing parents handled their divorce in a manner that protected their children, no GAL would be required."
 

Friday, October 3, 2014

NOTICE REGARDING CHANGES IN THE FORECLOSURE MEDIATION PROGRAM!

As so many of us know, the majority family court attorneys are targeting us for our real estate so we often end up in foreclosure.  For those who are there or heading there, please see the new information below recently posted by the Connecticut Judicial Branch:

"HONEST JUSTICE" MOVIE COMING SOON! SEE THE TRAILER!

For those of you interested in the upcoming "Honest Justice" movie, click on the link below to see the trailer:

https://www.facebook.com/video.php?v=1526723567542722

THE DANGERS OF PRESUMPTIVE JOINT PHYSICAL CUSTODY, EXPLAINED BY THE BATTERED WOMEN'S JUSTICE PROJECT!

The article begins, "Popular proposals to enact statutory presumptions for joint physical custody (JPC) threaten the safety and well-being of battered women and their children. While Idaho appears to be the only state to have a universal statutory presumption for JPC,2 several other states have presumptions that operate under specific circumstances (e.g., where the parties agree to JPC or they fail to reach an agreement regarding JPC).3 Proponents of JPC have developed an appealing theme to promote a presumption, advocating the benefits and fairness of having both parents equally engaged in their children’s lives under a "shared parenting" or "co-parenting arrangement."4 The danger of presumptive JPC is that it assumes that "shared parenting" and "co-parenting" are inherently good for all children, without regard to what is actually happening in the lives of the dissolving family. In this way, presumptive JPC blindly elevates the rights of parents – even really bad parents – over the safety and well-being of children. It also disregards a significant body of research that questions the benefits of JPC and its impact on children. Nevertheless, efforts by JPC proponents to promote legislative presumptions are gaining traction. This document explains the legal implications of JPC presumptions and the negative impact such presumptions have on battered women and their children."


The bottom line is that presumptive joint custody harms battered women and children.  For more information on this important topic, please click on the link below: