Questions You Should Be Asking Your GAL

Our court system has us believe that the role of Guardian ad litem is at least in theory a person who is the eyes and ears of the court offering a neutral and unbiased view of the divorcing family. In practice the person who operates in this role is anything but. The Guardian ad litem’s personal values and agenda clouds the process and as a result this can be a source of conflict with you.

Ask yourself this:

How well do you know this person?

What happens if your values differ from that of this court appointed official?

Our Family Court system markets the belief that in the roll of Guardian ad litem we have a person who we are to believe is an expert in determining – where your child should live, the impact of divorce or domestic violence, visitation, custody, law, psychology and social work to name a few areas. This expertise comes from just a few hours of training with little or no focus. There is no test to determine whether or not this Guardian ad litem understands the material. There is no mentoring program after the Guardian ad litem completes training. To make matters worse - there is no oversight or management of this person in this role. Doctors, lawyers, judges, electricians, plumbers, nurses, oil burner technicians, chiropractors, social workers and dental hygienists have more training and oversight. In addition to the training and oversight we can ask people in these professions questions without the fear of being reprimanded for doing so.

You – as a consumer – need to inform yourself about the person who is being thrust into your life and making decisions which you have no control over. They should be asked before any Guardian ad litem has become a part of your life - chances are the Guardian ad litem is already wreaking havoc in your divorce/ custody. It is not too late.

These questions are being presented in no particular order or grouping. In most cases the answers will have meaning for you and should be used as a tool to help in understanding the Guardian ad litem. In asking any of these questions if the Guardian ad litem refuses to answer or gives a non-answer answer – that is a behavioral message and a clue as to the makeup of the person. The questions and answers should be entered in as evidence or asked in court of the Guardian ad litem. It becomes part of the record.

After going through this list if you can think of questions that may be appropriate to ask we would encourage you to share. A link will be provided to voice those questions.

Presented here are some basic questions (depending on the answer there may be follow up questions):

1. Do you have experience as a law enforcement officer in conducting investigations?
2. What is your actual field of professional expertise?
3. What makes you an expert in determining what is good for other people’s children?
4. What makes you an expert in determining how other people should conduct their lives?
5. What is your child hood family background?
6. What is your own family history as an adult?
7. What is your own marital history as an adult?
8. What is your own relationship history as an adult?
9. Why do you want to be appointed to this case?
10. What do you see your role in this case to be?
11. How do you separate your underlying professional behaviors from your role as Guardian ad litem functions?
12. As a Guardian ad litem going through training were you ever tested on what you learned?

     a. YES – What was the score you received?
     b. NO – How do we know that you understand the material taught/ discussed?

13. As a Guardian ad litem you are tasked as being neutral and unbiased in conducting your investigation and in making recommendations.

     a. How do you maintain neutrality during your investigation?
     b. How do you keep your personal bias and agenda out of the cases?
     c. Does the judge provide supervision and oversight when you are appointed to a case?

14. As a child did you ever experience issues involving the absence of one or both parents?

     a. YES – What was that experience like for you?
     b. NO – How can you understand what the issues are?

15. Do you have experience with research in dealing with child custody?

     a.  YES - What specific research can you sight?
     b.  NO – If not then please explain how you are able to conduct an investigation?

16. Please describe what was/ is the relationship you had/ have with your Mother?
17. Please describe what was/ is the relationship you had/ have with your Father?
18. Are there any ongoing issues with either?
19. Did you grow up in a divorced home?
20. Do you have siblings?
21. Do you have Grandparents?
22. As a child did you have contact with your extended family?
23. Do you come from a religious home?

     a.  YES – What is your religion currently?

24. Did/ do you come from a particular ethnic background?
25. We grow up with a belief system. It is a part of what defines us as a person.

     a.  Has your belief system ever interfered with an investigation?
     b.  Did/ will your belief system interfere with this case?
     c.  NO – How do we know?

26. Do you apply your own values in making recommendations to the court?

     a.  YES – Can you describe what some of your personal values (political, social as example).
            i.  If my values are different than yours how will that affect your perception of me as parent?

     b.  YES – As a neutral observer – why are your values better than either parent?
     c.  NO – How can we be sure?
     d.  NO – As a neutral observer – are you saying that your investigation is neutral with regards to the values you have?

             i.   If so then what test do you use to verify this?
             ii.  How can we be sure your values will not influence how you view this divorce/ custody?

27. In making your recommendations to this court please explain how you arrived at the following:

      a.  The visitation schedule?
      b.  Custody?

28. Have you ever been married?

      a.  YES – How many times?
      b.  NO – How are you able to understand the dynamics of married life?

29. Have you ever been divorced?

      a.  YES – How many times?
      b.  YES – Did you ever go through litigation?
              i.   YES – Did you have issues with child support?
              ii.  YES – Did you have issues with the custody agreement(s)?
      c.  NO – What experience do you draw upon in order to understand what a divorcing family goes through?

30. Do you ever refer cases you are involved in to Child Protective services?

      a.  YES – What are your criteria for such a referral?
      b.  YES – Is the claim of child abuse always a criminal claim?
      c.  YES – Should criminal allegations be removed from Family Court to an investigation by the Attorney General’s Office?

31. Which Judges do you frequently work with?
32. Which lawyers do you work with on cases?
33. How many of your cases have been appealed to a higher court?
34. Have you ever been sanctioned:

      a.  By a Judge?
      b.  By a Higher Court?
      c.  The result of a complaint?

35. How many cases have you been involved with as a Guardian ad litem?
36. How do your clients respond to the work you do as a Guardian ad litem?

While these questions should be asked before the Guardian ad litem has been assigned by the judge - quite often it will not be until after you recognize there is a problem with the way this person operates. It is never to late to start asking. Make the questions and answers for the record. If you have any questions which you think may be appropriate we ask that you follow this [LINK] to submit. We will maintain a running list of questions.

NaGAL is working for reform in our Family Court system. This includes the role of Guardian ad litem (court vendor), Parent Coordinator, Special Master and court evaluators. If you have issues we ask that you contact us at NationalGALalert@gmail.com or find us on Facebook.


Felicity Myers

You're A Mean One Mr GAL

You're a mean one, Mr. GAL.
You really are a heel.
You're as cuddly as a court room,
You're as charming as a court appeal,
Mr. GAL.
You're a bad banana with a greasy black peel.

You're a monster, Mr. GAL.
Your heart's an empty soul.
Your brain is full of nonsense.
You've got garlic in your brain, Mr GAL.
I wouldn't touch you with a
Thirty-nine and a half foot pole.

You can imagine how the rest of the song goes.


Unless you have a record of abuse - physical and or mental - there is little reason for a Guardian ad litem to make a "recommendation" to the court that you should not spend time with your child(ren). Guardians ad litem do not have the training that a psychologist would have ( as example ) in determining whether a child will be harmed or whether you should see your child. Unfortunately Guardians ad litem will use their position in the courts to influence a judge.

You are not alone in thinking that what you are experiencing is unfair and unjust. It is. You have to have strength to overcome this injustice. It will also take time to document in writing and other media what is going on. You have to look at what you are experiencing in the long term and realize that it will probably take time. Be patient.

NaGAL works to educate the public and our elected officials on the issues within the Family Court system. We concentrate on the court vendors - Guardians ad litem - as they bring little value compared to their expense to the table. If you have had issues with a Guardian ad litem we encourage you to contact your state representatives and find us on Facebook.

Is Junk Science used in Family Courts?

Junk Science -

is the name given to popular, unscientific concepts, consultants and practices used in some courts to defend and justify actions and decisions that might be hard to justify otherwise.

Commonly there is no form of testing to prove or disprove an idea or recommendation that a Guardian ad litem or Family Court is promoting.

Junk science by its ungrounded, unscientific foundation potentially corrupts the judicial process, and it is the source of much human pain and disillusionment, when it is used.  It significantly undermines public confidence in the intelligence and fairness of the judiciary and the courts.

When Guardians ad litem and lawyers make far reaching pronouncements about a child or a party with whom they have had little interaction and offer speculative opinions for which they have no scientific basis, this is "junk science".  When they project into the future (no one can foretell the future), this is pure junk science, when they label parties and/or their children with catchy syndromes that are unrecognized by leading national professional organizations in the field, this is junk science.  When they recommend or prescribe trendy treatments or counseling that have no recognized  scientific basis, this is prescribing "junk science".  When some courts force unwanted treatment or demand the release of privileged, personal therapy records in non-criminal divorce cases- using the threat of contempt- this can only be labeled as practicing  “junk science”.  It is totalitarian and it is destructive of human worth, dignity and human rights.  It ill becomes a democratic society.  When some courts duplicate and/or override the findings of Children's Protective agencies or highly qualified professional consultants, this is junk practice.

Junk science is an area of court usage that needs careful, undefensive review, data collection and high level behavioral medicine consultation to develop the best standards if courts are to correct a bad practice

NaGAL work to bring about change in the Family Court system. We would encourage you to become involved by talking to your state representative. Please find us on Facebook. 

felicity myers

My Lost Love, My Lost Child - A Poem

A divorcing family is hard for everyone especially the child(ren). The following poem by Garrett W. Wheeler - My Lost Love, My Lost Child is a cry out for a child by a father. The poem could pertain to anyone - mother, father or the grandparent who doesn't get to see that child anymore...


My Lost Love, My Lost Child
I wonder what you’re doing
and how you’re living life
what new things did you learn today
and how did you sleep last night
did you feel raindrops on your face
or sunshine in your eyes
of all the questions left unknown
the biggest one is why
why can’t we be together
why can’t I watch you grow
why can’t I guide you through this world
this I just don’t know
but I promise we’ll be together
no matter how long it seems
just know your always in my heart
and always in my dreams


poem written by © Garrett W. Wheeler

NaGAL offers support to those parents who have little to no contact with their child(ren).

Does the Bar encourage false claims of Parental Neglect?

Several years ago the Family Section of the American Bar did a study that covered the issue of programmed and brainwashed children.

It was "discovered" that of those cases the Bar looked at - none - had any merit for litigation this despite claims of:

Abuse; parental neglect; alcohol and or drug use/ addiction and poor social and or physical environment - to name a few of many issues.

The Bar discovered that it was the emotional and social needs of the programmer/ brainwasher that brought about the aggressive conflict with the target parent.

Family Court has known about the issues you have been experiencing for decades - but has done nothing to minimize or prevent what you experienced.


NaGAL helps parents and others understand what is going on in our failed Family Court system. We would encourage you to let others know your story of being falsely accused. Become involved.

American Bar Discovers Parents Are Being Alienated from their Children

During your divorce and after did you feel that your children were being alienated from your life? Brainwashed or even programmed?

Did anyone listen to what you had to say or were you told that you were just "sour grapes"

Well you should know that several years ago the "Family" Section of the American Bar did a study that concentrated on children being brainwashed, programmed and alienated from the target parent.

For instance the American Bar found that the parent who was actively brainwashing often rationalized what they were doing - and doing so "in the best interest of the child". Often claiming that they were the parent telling the truth.

The brainwashing parent used what ever means available to punish the target parent - often using the former couples children to deliver the message.

In over 20% of the cases studied religion was used to label the target parent as being "bad".

The Bar discovered that the programmers thinking was irrational.

The list goes on and as the targeted parent you could probably add to what was discovered by the American Bar. Yet the Bar has done little to shed light on the problems associated with one parent alienating another. This despite knowing how to detect and manage the problem in the court system.

One thing that you should do as the targeted parent is document every instance that alienation happens. Keep a journal, get a voice recorder and record what is happening to you. Otherwise it is your word against the brainwasher.
 
NationalGAL is for "Family" Court and Guardian ad litem reform. We do so by educating parents on how to protect them selves in "Family" Court. Please find us on Facebook or email us at NationalGALalert@gmail.com

Has Your Child Been Brainwashed or Programmed?

If you as a parent feel that your child(ren) is being programed or brainwashed by the other parent you are not alone.

In a study by the American Bar Association (ABA) Family Section some surprising facts came about.

• Accusations made by the brainwasher/ programmer (Alienator) were never followed up upon by Guardians ad litem (court vendors), lawyers or others who were party to the case. Many Guardians ad litem - for instance - claimed that it was almost impossible to detect.
• In the majority of cases - there was no history of abuse, drug or alcohol abuse or that the child(ren) lived in an environment that was poor and sickly. Yet when these types of accusations were made against the alienated parent they were rarely if ever followed up upon.
• If you as the target parent of the alienation had moved on - career, new house or marriage - it was shown that the brainwashing/ programming only intensified against that parent.

 How did the children fare?

• In interviews with the children - 80% - of them wanted the alienating process discovered.
• That - 70% - felt some kind of relief when the alienating process was discovered.
• It was discovered that many of the children would say what the alienator wanted - especially when that person was present. When in the presence of the other parent they would often display love and affection towards that parent.
• Simple but specialized interviewing techniques would uncover this alienating behavior in the alienating parent.

As a parent it is hard to bear hearing some of the things that our child(ren) may say to us as a result of the brainwashing/ programming they are going through. You have to understand that your child is probably struggling and may feel powerless to do anything for fear of punishment. Talk to your child and ask if there was anything that may have upset or cause concern during your visit with them. Do this before they are brought back. If there is address it with them and if it becomes a problem later on with the other parent you can let them know that you worked it out with your child(ren).

Family Courts have known for years about alienating parents and the brainwashing/ programming that happens. Yet they have either chosen to do nothing or are ill equipped to do anything about it.

MeGAL provides support and education on the issues within the Family Court system. If you have or are experiencing problems please contact us at MeGALalert@gmail.com or find us on Facebook.

The Programming and Brainwashing of Children by Another Parent

The American Bar Section of Family Law did a twelve year study on the issue of programming and brainwashing of children by a parent.

Some of the findings:

Those who were/ are a part of the case - Lawyers, Judges and other court vendors often knew of the problem but would do little or nothing because of the process involved with proving it.

Many Guardians ad litem (GALs) (court vendor) and mental health professionals were (and still are) ill equipped to recognize that programming and or brainwashing was occurring.

If you feel that brainwashing has been going on or that your child(ren) are being programmed - you are probably not alone in knowing that. There is a good change that the courts and their vendors also know - but choose to do nothing about it.

The courts choose to ignore.

 

Examined - A Parents Right to Free Speech

While this appeal does not center around a Guardian ad litem that has failed. It could have.

 In an unusual case the Tennessee Court of Appeals indicated that some of the restrictions placed on the Mother regarding communications were vague or broad.

As an example the Mother was restricted from mentioning the Father at all on social media. This meant that the most benign reference would land the Mother in trouble.

What is even more interesting is that this was a Family Matters case and the Mother was Pro se.

For more details please follow these links:

Herston Law Group - Parent’s Right to Free Speech Examined in Nashville, TN Child Custody Modification: Gider v. Hubbell

Court of Appeals - SINAN GIDER v. LYDIA HUBBELL

Is It Okay for an Officer of the Court to Falsify Reports?

As an officer of the court, a vendor providing services to consumers, you come into your job with certain protections that are supposed to allow you to do your job. Immunity is given to these vendors in the course of providing their service.

What happens though if these vendors fair to do their job in a judicial way. If information they present to the court has been falsified or manufactured? In every state there is a process that one can use to file a complaint - not a process that we would recommend but that is another story.

In 2001 Preslie Hardwick did just that because the social workers working for the state fabricated evidence which when presented to the courts allowed the children to be kept from their mother without cause. In addition false reports were submitted to the court in an effort to keep mother and daughters separated. This was a violation of Ms Hardwick's Constitutional right to familial association.

16 years after the defendants allegedly violated parental rights the case came before the United States Court of Appeals for the Ninth Circuit in California to be hear. The segment presented here is between the Judges and the attorney representing the defendants Pancy Lin Esq. It is a little over 2min in length but well worth watching. Pancy Lin Esq is having a very hard time giving reasons for her clients committing perjury.

 

 United States Court of Appeals for the Ninth Circuit 2m segment

While this video segment does not involve a GAL vendor for the court the issues involved could happen. With no active control a Guardian ad litem will operate as she/he sees fit knowing that
immunity will protect their lives against any wrong doing. NatGAL participates actively in changing "Family" Court through educational services. If you would like to become involved we encourage you to contact us either through Facebook or by emailing us at NationalGALalert@gmail.com

The full court proceeding may be found here: United States Court of Appeals for the Ninth Circuit

A Call to Action This November

Want to make a difference?

This coming November you will have an opportunity to elect state senators and reps who will work for "family" court and Guardian ad litem (GAL) change.

Ask your candidates what their stance on these issues are.

If you do not know who is running call or visit your town office to find out.

Get involved - It is in the best interest of your child.

CT - The Court of Public Opinion and Connecticut’s Broken “Family” Court System

Social media exploded this week with public outrage over the Brock Turner rape case and the horrific ruling made by Judge Aaron Pesky, who has been harshly criticized for his far too lenient sentencing. Over 1,000,000 people nationwide have signed an online petition demanding this judge resign. In addition, prospective jurors being called by the court system are refusing to serve this judge on his cases.

We need this same kind of outrage focused on our state's very troubling “family” court system and the people who operate it.

"Family" court judges in this state, showing complete disregard for the complaints from thousands of parents, legislators, mental health professionals and attorneys calling for reform - continue to operate one of the most dysfunctional, inefficient, ineffective, costly, damaging and yes, corrupt “family” court systems in the country.

Connecticut remains dead last when it comes to enacting much needed operational and other reforms. As a reflection of this, over 85% of all parents in our “family” courts now appearing Pro Se and without proper legal representation. This as their cases continue to be allowed to drag on for months and even years, due to solely judicial negligence and their very troubling and concerning judicial orders and rulings.

This dysfunction, lack of any oversight, and failure to address judicial and attorney misconduct, causes over 11,500 cases to be returned to the “family” courts each year – when there are only 3,400 new custody cases filed in this state each year ( - Chief State Justice Rogers.) This reflects a critical and terminal operational dysfunction on the part of our Judiciary – not a problem with “a small number of disgruntled litigants” as some have tried to portray.

This as citizens and parents across the state continue to be routinely jailed by Judge Bozzuto and her “family” court judges for committing no crime. This as Judge Bozzuto and her “family” court judges operate as private debt collectors for a very small group of well-connected divorce attorneys and Guardian ad Litems. This as she and her “family” court judges continue to ignore all due process and basic civil, Constitutional and parental rights.

Her “family” court judges continue to fail the state, fail its citizens, and fail the best interests of the public, families and children – by failing to rule quickly and effectively. They instead prolong cases and ignore ongoing abuse and neglect of children by improperly outsourcing their judicial authority to a small group of well-connected Guardian ad Litems taking hundreds of millions of dollars from parents with complete immunity, with no oversight of any kind, and with no accountability of any kind, while offering no positive or beneficial outcome, of any kind.

“Family” court judges, who under Judge Bozzuto’s watch, Chief Court Administrator Carroll’s watch, and Chief State Justice Rogers’ watch and approval from their silence – continue to operate well-orchestrated "Kids for Cash" and "Pay Per View Parenting" programs designed to prolong custody cases solely to enrich a very small group of attorneys, best interests of families and children and THE PUBLIC be damned.

Judge Bozzuto and her “family” court judges continue to operate de facto and unlawful Debtor’s Prisons, by SHACKLING and JAILING PARENTS for committing no crime other and for not being able to afford to pay the small armies of “court appointed experts” Judge Bozzuto and her “family” court judges force onto custody cases for no valid reason or cause.

Who are these attorneys? Their names can be readily found by looking at the membership of the now disbanded AFCC in this state, and among the select group of private attorneys who have been invited to the highly secretive annual Judge’s Meeting coming up on June 24th.

We encourage as many legislators as possible to attend this annual gathering of judges and to ask them some very hard questions in regards to how and why our “family” courts continue to operate in this manner.

“Family” court judges who routinely look away, ignore, and often encourage the abuse and neglect of children, by refusing to enforce their own parenting orders, by denying access to justice by improperly requiring the filing of “Motions for Request for Leave” in “family” court cases – even on Emergency Ex Parte motions filed to protect children, and by routinely and diligently separating children from their fit and proper parents for no valid reason or cause, especially if a parent dares ask why they can’t have equal access and time with their child. And most notably, targeting parents with children who have autism or other special needs and disabilities.

If the Brock Turner case were before a Connecticut “family" court judge, the judge would have labelled both Brock and his victim as being "high conflict" even though only Brock committed a crime.

The judge would have then ordered his rape victim to attend "conflict management" sessions with Brock at $250-$500/hour so an “evaluator” could try and "resolve any differences" she may have with her attacker.

If they had a child, the “family” court judge and GAL would assign custody to Brock because of "his stable background" and force the mother and victim to spend thousands of dollars to fight to protect her child from him and to a parent in her child’s life. This would cost her tens of thousands of dollars and years in court – with no proper outcome or resolution.

She, as a victim, would become one of the 11,500 custody cases returned each year to our broken and dysfunctional “family” courts, and be attacked and prevented from filings motions by Judge Bozzuto’s “family” court judges for daring to come back to the court and to ask for the court to do the right thing.

Such is the actual state of affairs and “justice” in our state’s broken and dysfunctional “family” courts. And this is not exaggerated in any way.

This happens each and every day in our state's "family" courtrooms. If any of you doubt me and the thousands of parents who have been subjected to this and witnessed this firsthand – please, go sit in on any custody case in any “family courthouse and just watch.

All of this as Chief State Justice Rogers, Governor Malloy, and the Judiciary Committee continue to just look the other way at what Judge Bozzuto and her "family" judges engage in and practice - because there is money to be made and federal dollars are involved.

Social media exploded this week as the court of public opinion chimed in on the Brock Turner case. The same focus and social media attention is being brought on our state’s broken and dysfunctional “family” courts – as we the PUBLIC, will and can no longer accept or tolerate the status quo in our state’s broken “family” courts, and as this movement is growing very quickly nationwide, and in fact, internationally.

We demand far better. Our children and families and state – deserve far better.

And it is simply unacceptable on for any reason or on any level that our Legislature’s Judiciary Committee has not presented a single piece of much needed reform legislation in now two sessions. You should all be ashamed.

If not now, when; if not us, who.

- Peter T. Szymonik, the CT Coalition for Family Court Reform


Peter Szymonik is involved with "Family" Court reform in the state of Connecticut. We have known and worked with Peter for years often exchanging ideas on the issues relating to "Family" Court. While Peter is writing to those in his state of Connecticut what he is writing about can be applied to any state. If you have been involved in a case where the court system has failed we encourage you to become involved. Contact your representatives and educate them and others as to what the issues are. If you live in Connecticut you can help with reform by contacting Connecticut Family Court Reform (on Facebook). Or you may contact us at NaGAL to put you in touch with others in your state.


Additional Resources:
Biographies of Supreme Court Justices Supreme Court Chief Justice Chase T. Rogers

2015-04-10 Rogers Pledges Court Improvements As Critics Express Displeasure

Connecticut Family Court Reform

FB - Coalition for Connecticut Family Court Reform

Family Matters

If you would like to Judge your "Judge" - The Robing Room

Friday There Were A Number of Protesters Upset Over Family Court

Yesterday (May 6, 2016) a group of parents upset with Ohio's dysfunctional Family Court system took matters in their own hands and protested making their voices heard.

Google Family Courts and you will see countless articles and opinions from parents and organizations about the many issues created by this system.

This protest took place outside of the Allen County Courthouse. For the full article and video follow this [LINK].

To correct the issues experienced by many in Family Courts can be done only by educating those around us. We encourage you to talk with your representatives about the issues you experienced.

Speak Out - 2015 Survey on the State of our Family Courts

As a consumer of Judicial Services rarely have you ever been given the opportunity to provide feedback to your Family Court system on how they are doing. There is no exit survey on the experience you just had. As a result our Family Court system has no idea on how well (or badly) it is doing.

Until now.

We want to know what your experience has been as a consumer, lawyer, judge or Guardian ad litem (and other court vendors) within this system. The data collected will be used and provided to our representatives as well as the Judicial Branch and the Department of Justice (DOJ).

The survey on the state of our Family Courts asks 13 questions anonymously and provides you an opportunity to expand on any and all of the topics.

In January 2016 we will be publishing the results of this survey.

2015 State of Family Courts [ LINK ]

Questions You Should be Asking Your Guardian ad litem

Our court system has us believe that the role of Guardian ad litem is at least in theory a person who is the eyes and ears of the court offering a neutral and unbiased view of the divorcing family. In practice the person who operates in this role is anything but. The Guardian ad litem’s personal values and agenda clouds the process and as a result this can be a source of conflict with you.

Ask yourself this:

How well do you know this person?

What happens if your values differ from that of this court appointed official?

Our Family Court system markets the belief that in the roll of Guardian ad litem we have a person who we are to believe is an expert in determining – where your child should live, the impact of divorce or domestic violence, visitation, custody, law, psychology and social work to name a few areas. This expertise comes from just a few hours of training with little or no focus. There is no test to determine whether or not this Guardian ad litem understands the material. There is no mentoring program after the Guardian ad litem completes training. To make matters worse - there is no oversight or management of this person in this role. Doctors, lawyers, judges, electricians, plumbers, nurses, oil burner technicians, chiropractors, social workers and dental hygienists have more training and oversight. In addition to the training and oversight we can ask people in these professions questions without the fear of being reprimanded for doing so.

You – as a consumer – need to inform yourself about the person who is being thrust into your life and making decisions which you have no control over. They should be asked before any Guardian ad litem has become a part of your life - chances are the Guardian ad litem is already wreaking havoc in your divorce/ custody. It is not too late.

These questions are being presented in no particular order or grouping. In most cases the answers will have meaning for you and should be used as a tool to help in understanding the Guardian ad litem. In asking any of these questions if the Guardian ad litem refuses to answer or gives a non-answer answer – that is a behavioral message and a clue as to the makeup of the person. The questions and answers should be entered in as evidence or asked in court of the Guardian ad litem. It becomes part of the record.

After going through this list if you can think of questions that may be appropriate to ask we would encourage you to share. A link will be provided to voice those questions. 

Presented here are some basic questions (depending on the answer there may be follow up questions): 

11.     Do you have experience as a law enforcement officer in conducting investigations?

22.       What is your actual field of professional expertise?

33.       What makes you an expert in determining what is good for other people’s children?

44.       What makes you an expert in determining how other people should conduct their lives?

55.       What is your child hood family background?

66.       What is your own family history as an adult?

77.       What is your own marital history as an adult?

88.       What is your own relationship history as an adult?

99.       Why do you want to be appointed to this case?

110.   What do you see your role in this case to be?

111.   How do you separate your underlying professional behaviors from your role as Guardian ad litem  functions?

112.   As a Guardian ad litem going through training were you ever tested on what you learned?

       a.       YES – What was the score you received?

       b.      NO – How do we know that you understand the material taught/ discussed?

113.   As a Guardian ad litem you are tasked as being neutral and unbiased in conducting your investigation and in making recommendations.

       a.       How do you maintain neutrality during your investigation?

       b.      How do you keep your personal bias and agenda out of the cases?

       c.       Does the judge provide supervision and oversight when you are appointed to a case?

114.   As a child did you ever experience issues involving the absence of one or both parents?

        a.       YES – What was that experience like for you?

        b.      NO – How can you understand what the issues are?

115.   Do you have experience with research in dealing with child custody?

       a.       YES - What specific research can you sight?

       b.      NO – If not then please explain how you are able to conduct an investigation?

116.   Please describe what was/ is the relationship you had/ have with your Mother?

117.   Please describe what was/ is the relationship you had/ have with your Father?

118.   Are there any ongoing issues with either?

119.   Did you grow up in a divorced home?

220.   Do you have siblings?

221.   Do you have Grandparents?

222.   As a child did you have contact with your extended family?

223.   Do you come from a religious home?

       a.       YES – What is your religion currently?

224.   Did/ do you come from a particular ethnic background?

225.   We grow up with a belief system. It is a part of what defines us as a person.

       a.       Has your belief system ever interfered with an investigation?

       b.      Did/ will your belief system interfere with this case?

       c.       NO – How do we know?

226.   Do you apply your own values in making recommendations to the court?

       a.       YES – Can you describe what some of your personal values (political, social as example).

              i.   If my values are different than yours how will that affect your perception of me as a parent?

       b.      YES – As a neutral observer – why are your values better than either parent?

       c.       NO – How can we be sure?

       d.      NO – As a neutral observer – are you saying that your investigation is neutral with regards to the values you have?

              i.   If so then what test do you use to verify this?

              ii.  How can we be sure your values will not influence how you view this divorce/ custody?

227.   In making your recommendations to this court please explain how you arrived at the following:

       a.       The visitation schedule?

       b.      Custody?

228.   Have you ever been married?

       a.       YES – How many times?

       b.      NO – How are you able to understand the dynamics of married life?

229.   Have you ever been divorced?

       a.       YES – How many times?

       b.      YES – Did you ever go through litigation?

              i.   YES – Did you have issues with child support?

              ii.  YES – Did you have issues with the custody agreement(s)?

       c.       NO – What experience do you draw upon in order to understand what a divorcing family goes through?

330.   Do you ever refer cases you are involved in to Child Protective services?

       a.       YES – What are your criteria for such a referral?

       b.      YES – Is the claim of child abuse always a criminal claim?

       c.       YES – Should criminal allegations be removed from Family Court to an investigation by the Attorney General’s Office?

331.   Which Judges do you frequently work with?

332.   Which lawyers do you work with on cases?

333.   How many of your cases have been appealed to a higher court?

334.   Have you ever been sanctioned:

       a.       By a Judge?

       b.      By a Higher Court?

       c.       The result of a complaint?

335.   How many cases have you been involved with as a Guardian ad litem? 
336.  How do your clients respond to the work you do as a Guardian ad litem?

While these questions should be asked before the Guardian ad litem has been assigned by the judge - quite often it will not be until after you recognize there is a problem with the way this person operates. It is never to late to start asking. Make the questions and answers for the record. If you have any questions which you think may be appropriate we ask that you follow this [LINK] to submit. We will maintain a running list of questions.

NaGAL is working for reform in our Family Court system. This includes the role of Guardian ad litem, Parent Coordinator, Special Master and court evaluators. If you have issues we ask that you contact us at NationalGALalert@gmail.com or find us on Facebook.

AU - Parents "What do I owe?" - Family Court "How much you got?"

Mr. Craig Kelly appears to be a politician whom the Guardian ad litem/ Court reform movement could use. He recently gave a speech earlier this month regarding the use of a court appointed expert who by all appearances took advantage of the situation he was in by gouging the divorcing family. This issue is quite common in our Family Court system where judges grant a monopoly to Guardians ad litem and other court 'experts'. We must educate our politicians to the problems within our court systems -

FAMILY COURT RORTS – Speech in Parliament (November 2015);

Mr CRAIG KELLY (Hughes) (11:18): Deputy Speaker, this morning I would like to talk about a rort — a rort that is going on in the Family Courts of Australia.

It is a rort that involves excessive fees, price gouging and virtual extortion; it is nothing other than a scam.

I am not going to name names today, but I put those on notice involved in this rort. If necessary, I will name names in this parliament.

Now Deputy Speaker, in a truly competitive market, I have no objection to anyone charging what the market will bear. In our free market, capitalist society, they are entitled to charge as much as the customer will FREELY pay.

However, where we have a situation where the Family Court orders a so-called ‘single expert” to do what is called a 'report' or an 'analysis', the court is granting them a monopoly.

And these people should not be allowed to exploit that monopoly position granted to them by the Family Court, by price gouge and charge excessive fees.

This is an area which should have government regulation where we set and regulate the fees where the Court does grant them a monopoly.

Deputy Speaker, I would like to give you an example of one of the current practices. I have a Family Court order in front of me, and it states that the participants in the Family Court, the father and the mother, should attend a particular ‘Mr X’ (name withheld) on a certain date for a further ‘single expert report’.

It goes on that the cost of ‘Mr X's’ report will be borne equally by the parties and that they will pay the sum of $8,000 each.

So Mr X is entitled to a sum of $16,000. (And parent of the child is unable to pay, they will be denied the right to even see their child, so the child is a victim of this rort as well)

When it was asked how this is calculated, it worked out at a fee of $700 per hour. That’s right Deputy Speaker; $700 per hour.

Now this is for a psychiatrist. If I look at the Australian Psychological Society's national schedule of recommended fees—the recommended fee schedule in place from 1 July 2015 to 30 June 2016—it sets out the recommended level of fees for an hour of consultation at $238.

So, because the courts are giving this particular individual a monopoly position—

(debate interrupted - Proceedings suspended from 11:21am to 11:34am) (debate resumed 11.34am)

-I will continue where I left off.

I was giving an example of the current practice of this rort whereby the scheduled fee recommended by the professional association is around $238 an hour (that’s $9,520 for a 40hr week – nice work if you can get it).

But in this case because the so-called expert involved has a court-ordered monopoly, they are able to charge what they like.

And they are charging 200% ABOVE the scheduled fee recommended by their professional association — a charge, including GST, of up to $700 an hour.

Deputy Speaker, I have no objection if in a fair, free and open competitive market if they want to charge $7,000 an hour, and someone is willing to pay this of their own free will.

But where the court compulsory orders a participant in the court proceedings to see an ‘single expert’ thereby granting such an individual a monopoly, and they charge such an excessive fee — a 200 % uplift, a $500 per hour UPLIFT (on the scheduled fee recommended by the professional association) — it is nothing other than an absolutely rort.

Deputy Speaker, I am not one for excessive government regulation,however we should have legislation that sets a maximum schedule of fees for these 'single experts' if they are to be given a court ordered monopoly.

For the current situation is very similar to what I remember in an old Chevy Chase movie, 'National Lampoon's Vacation', where Clark W. Griswall (played by Chevy Chase) crashed his car and had to get his car repaired. He pulls out this wallet and asks, ‘What do I owe you?'

And the repairer said, 'How much you got?' And when Clark complains about such price gouging, the repair pulls out this sheriff’s badge.

Deputy Speaker, his is akin to the same situation that we have going on in our Family Court today, and it is totally unacceptable.

Secondly, I have great concerns over some of the secrecy provisions in the Family Court. I would like to quote one Mr J Robert Oppenheimer from the 1950s. He said, which well applies to our Family Court today:

“We do not believe any group of men adequate enough or wise enough to operate without scrutiny or without criticism … We know that the wages of secrecy are corruption. We know that in secrecy error, undetected, will flourish and subvert.”

We need to end a few practices in our Family Court. We need to end the practice of secrecy.

We need to shine a bright light on the practices that are currently going on in our Family Court.

If we are going to continue to have the practice of single experts, a practice which I am greatly concerned about, we must have a schedule of professional fees they can charge. which must be reasonable.

And Deputy Speaker, regarding the current practices—these current rorts that I have outlined — I am putting these people on notice that they are being watched. This parliament is going to shine a light on their activities. (time expired).


If you have been involved in a case which has turned sour or just does not make sense we ask that you contact us at NationalGALalaert@gmail.com or find us on Facebook.

Am I the only one who sees this GAL is wrong?

The stages of realizing there is a problem with the Family Court System is universal for families, relatives and friends who have experienced the system first hand. In our frustration with the courts we spend different lengths of time working through a series of 5 steps that are similar to the 5 stages of Loss and Grief as first proposed by Elisabeth Kübler-Ross in her 1969 book “On Death and Dying” No one person will go through this list in the order we have them and many will only experience a few.

Like the Five Stages our model is based on how we try to rationalize a process which cannot be rationalized. We may go through each stage in order or out of order. We may associate with each step or only a few. The Stages of Family Court Dysfunction (FCD) are:

1. Belief - As consumers of judicial services we enter the court system with the idea that this country has the best judicial system in the world. That the professionals who operate within this system do so with neutrality and fairness.

2. Self Doubt and Puzzlement - As the divorce/ custody process gains momentum and hints of flaws with the process start to show we think these issues are the result of things we are doing. "It must be me" that this is happening. We become puzzled by the direction of the divorce/ custody. We realize that things are not going in a direction which makes sense. There is often a flip flop of common sense and values. Black becomes White and White becomes Black.

3. Reason and Disillusionment - We begin to try reasoning with the players. The Guardian ad litem, lawyers and court. Presenting evidence and facts because if they only just read or viewed they would understand what is going on. Disillusionment creeps in when we realize that no matter how much evidence and facts presented - the system is unwilling to listen and understand what your concerns are.

4. Anger - As the reality of the situation starts to settle in we become upset that 'justice' does not exist. That those whom we have invested with our trust are untrustworthy. A system which is supposed to protect our children is more concerned with our behavior and whether or not a Guardian ad litem, Special Master or Parent Coordinator will get paid. Our anger can be aimed at anything - our ex, the children, the family pet even the court system.

5. Settlement - Sadly we may never find settlement as the process can continue far into the future. There are parents who settle and do so for far less than what they should and are grateful for what they have. Then there are others who carry on the fight long after their divorce/ custody is over to that future divorcing families will not have to go through what they have experienced.

The process one goes through is one of personal attitude change with exposure to more and more data. This data can come from many sources - from talking and sharing with others, the internet and those who have taken the issue publicly as well as personal experience. Some will try to fix this system with the hopes of repairing their own case; others do so as public spirited citizens, who hope to help others who are going through what they themselves have experienced. How one publicly markets both the human experience in need of fixing and the fixing itself is critical. It will require educating the public and politicians on what the issues are not only for your case but those of others. It took some time for you to understand that your case had problems. Imagine how others who have no experience with family court will respond? They will have a hard time understanding - some will get it. Many will not.

It is important to note that you are not alone and that others have experienced what you have gone through. There are many grassroots organizations that one can find offering support and help on a national as well as local level. It should be noted that out of 50 states there are very few instances of court officers who have been disciplined for malpractice.

If you have had issues with a court officer - Guardian ad litem, Special Master, Parental Coordinator or some other flavor of court appointed officer. We urge you to contact us at NationalGALalert@gmail.com or find us on Facebook.

Lorain attorney who worked as court-appointed child advocate charged with downloading child porn

The real issue is that this Guardian ad litem (GAL) is a court appointed officer. Someone who is backed backed by the court system. What does it say for the court system if it is endorsing this person. What kind of damage did this person do to the children he was advocating for? Awhile ago we heard of a case where the GAL told a parent that he was going to have a weekend sleepover with her son. Mind you the GAL was in his late 50s and the child was 8 at the time. The mother fought in court and was coerced into allowing the sleepover to happen. The first time I heard this story my skin crawled and the thought which entered my mind is child porn. Did it happen? In light of this case maybe it did. The fact of the matter is that our courts who we trust and entrust with our children's lives are ill prepared to deal with issues like the story we have here about a GAL who failed in his role. Who malpracticed

Cleveland.com

CLEVELAND, Ohio -- A fixture of Lorain County Domestic Relations Court who often worked with children in divorce and delinquency cases is facing a federal child pornography charge.

James Paterson, 49, admitted to an FBI agent in a March 30 interview that he had between 500 and 1,000 images and 200 videos of child pornography on his computer, according to a criminal complaint filed Tuesday. He also admitted to posting comments on websites where he claimed he was a pedophile and sexually abused children, though he also said he never abused any children.

Paterson, who lives in Lorain, was also a member of a website where users can download child porn. A search on his computer found images of children -- some less than a year old -- being sexually abused, the complaint says.

Paterson worked as a guardian ad litem -- a position appointed by a judge in custody, divorce and juvenile cases to advocate on behalf of a child. He started taking cases in February 2013, according to Jody Barilla, Lorain County Domestic Relations Court's administrator.

He represented 21 children between then and Tuesday, Barilla said, and judges removed him from four pending cases once they received word of the criminal case against him.

She said he passed a background check conducted by the local court.

At the time of his arrest, Paterson also had a law practice based out of his house.

Full story: Cleveland.com

If you are involved in a divorce/ custody do not take for granted that the Guardian ad litem is pure as the driven snow.

New pages offering new resources for parents

The following pages have been added to Ohio GAL alert. These pages are resources for parents going through divorce/ custody:

Resources for Parents - Rules and statutes that define the role of Guardian ad litem. In order to understand whether a GAL has malpracticed you have to understand what defines the GALs role.

GALs in Court - This page has cases in which a Guardian ad litem was mentioned.

Calender of Events - Showing events that may relate to Guardians ad litem or the court system in which the work in.

GALs in the News - This page lists articles in which Guardians ad litem are mentioned.

If there is data which should be added we ask that you please contact us at NationalGALalert@gmail.com

New Rule Proposed For Keeping Highly Personal Information Confidential in Juvenile and Domestic Cases

December 22, 2014

The Ohio Supreme Court is accepting public comments until Feb 20, 2015 on an amendment to the Rules of Superintendence. The proposed amendment may be found here: Sup.R 44(C)(2)(h).

Comments may be emailed to: Stephanie.Nelson@sc.ohio.gova