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

Ohio - Child Trafficking American Style: How Cash-for-Kids exists and how to Stop It by January 16, 2015

Divorce Corp has asked for our help in trying to stop the - Cash-for-kids - that goes on between the states and Federal government. These videos encapsulates the problems that parents suffer through in the Family Court system. Towards the end Joe Sorge and Divorce Corp tell you how you can make a difference:

Director Joe Sorge (Divorce Corp) reveals how good intentions gone bad and a callous legal profession has catapulted the United States into the unenviable position of leading the developed world in single parent households. Six billion dollars per year of taxpayer money motivates some of the worst public policy imaginable, leading to the bankrupting of families, the imprisonment of wage earners, and the manipulation and misuse of children as a currency for separating parents and opportunistic professionals. The Federal Government has opened up a rare opportunity to comment on these outdated and dysfunctional laws. Joe Sorge makes an appeal to write to Washington by the end of the public comment period, January 16, 2015, to reform these misguided Federal regulations. A link is provided to Divorce Corp’s web site, showing recommended changes to the Federal Regulations, and suggested reform language to send to Washington.

A YouTube video may be found here - YouTube

Please share this video with your contacts or find out more on Facebook.

Should I Be Part of a Class Action Suit Against My Guardian ad litem?

Recently there was talk about doing a class action suit against a particular Guardian ad litem. Three years ago I would have been in favor of something like that. Today not so in light of all of the actions brought against Guardians ad litem in the state. In 10 years there have been numerous complaints filed against Guardians ad litem with the Head Judge (this does not even take into consideration the complaints filed at the lower court). Out of about 150 complaints initiated by consumers do you know how many were successful in correcting/ removing the Guardian ad litem?

ZERO/ NONE

Well there were two removed by the courts because of mental health issues but those were not initiated by consumers (I stand corrected). As a consumer interested in filing a complaint at the highest level you would be better off investing in the lottery. You stand a far better chance of getting a result (any result) from the purchase of a lottery ticket than you would in court.

In three years little has been accomplished in courts - rolling the dice and playing by their rules. They (the courts and divorce industry) hold the cards. On the other hand there is no reason holding us back from playing with a different set of rules a different deck of cards.

Think Different.......

The Pro se Problem in Family Courts - Ohio

In Maine and Connecticut there is a movement to change the Family Court system. Ohio is no different than these other two states. While this letter is addressed to the Maine Judicial branch it can be applied to other states just as well:

Mary Ann Lynch
Government and Media Counsel
Maine Judicial Branch

Dear Mary Ann,

It was a pleasure to talk with you by phone on Wednesday afternoon and to share a few thoughts about the very troubling 74% ‘pro se’ problem in Maine’s family courts. 74% is a powerful number that speaks to a socially unacceptable differential status of citizens/voters in the face of  justice. My purpose in calling you was  to be a “catalyst” for broad based problem-solving concerning the ‘pro se’ phenomenon. It seems to be growing numerically by leaps and bounds, despite valiant, well-documented efforts by your associates to contain it.

To me, as a former public health planner, there appears to be a lack of data about the nature of this problem that would be a vital necessity in designing a strategic intervention to reduce this unacceptable 74% number. The problem of ‘pro se’ numbers also appears to suffer (paradoxically) from well-intended attempts to try to solve the ‘pro’ se’ problem with inadequate problem definition. It puts “answers to the problem” before adequate “problem definition”, and thereby places the cart in front of the horse. Without wishing to disparage the ongoing work being attempted by those associated with the Maine Judicial Branch and the Maine Bar, I would suggest that there are some serious planning questions that need research and study before seeking answers.

Here, in brief, are a few of my thoughts, a recap and elaboration on our earlier phone discussion:

WHAT SHOULD THE GOALS FOR  ANY ‘PRO SE’ INTERVENTION BE? In any thoughtful, large scale, organized government plan, one needs clearly stated goals to aim for- and to keep the movement towards goals on target. I would suggest- tentatively - that the aim for the ‘pro se’ problem should be to reduce the incidence and prevalence of ‘pro se’ as a phenomenon in Maine family courts - “to move the “numbers needle” backwards”. To use a public health conceptualization, one might say ‘pro se’ is a growing epidemiological problem. What is the “epidemic” about, how is it spread over Maine’s “at risk” populations, who is vulnerable, what factors are causing it, what exacerbates its growth, what diminishes its growth and what “interventions” might well organized data suggest would be most effective? To that end, I suggest a sample of some very generic questions that an epidemiologist might ask before intervening in any epidemic.

WHAT IS THE NATURE OF MAINE’S FAMILY COURT ‘PRO SE’ PROBLEM? Beyond anecdote, who are the 74% of people who do ‘pro se’’ in Maine’s family courts? What sort of demographics do they represent? What ages, occupations, education levels, financial status, duration of marriage, number of children, geographic locations, previous marriages/relationships, health/mental health status?  What are the reasons that they are  doing ‘pro se’?  Financial reasons (examples)? Or other reasons?  All of these data would be useful tools in shaping rational problem-solving. Without such data, solving problems can only be based on anecdote, guess work, personal impressions, prejudice and bias. Bad information, as everyone knows, leads to bad answers!

DOES HAVING A LAWYER MAKE A DIFFERENCE IN OUTCOME OF DIVORCE AND CUSTODY? What is the statistical record for various types of outcomes for ‘pro se’ litigants? How do things go when one party has a lawyer and the other doesn’t? What factors favor what outcome when both parties have a lawyer? Are there statistics for law firms and lawyers showing records of wins and losses? How do ‘pro se’’, lawyers, and judges view the contest?

HOW DO ‘PRO SE’ LITIGANTS FEEL ABOUT THEIR COURT EXPERIENCE? Were they helped to do pre-court paperwork? Was the help that they received effective or was it confusing? Did they get help or coaching before going to court? From what kinds of helping sources? How do ‘pro se’ litigants feel about their courtroom experience?  Were they put at ease by the judge? Were they treated respectfully? Did they encounter judicial hostility or overt rejection? Were they listened to? How did they handle evidentiary challenges (“object, object, object!”) from opposing counsel? Were they included in all conferences and administrative issues? Did they feel that they received treatment in court equal to opposing counsel (if there was one)? Do they have ideas for simplifying the process for making it less time consuming, fairer and with happier resolution? How were they and their children impacted by the personal stress of the  ‘pro se’ experience and its  aftermath?

HOW DO FAMILY COURT JUDGES FEEL ABOUT THEIR EXPERIENCE WITH ‘PRO SE’ LITIGANTS? What kinds of problems do they experience? What impact does ‘pro se’ have on courtroom procedures and process? What are the biggest challenges in this situation for judges? What would they suggest to solve some of the problems associated with ‘pro se’? Do they have suggestions that might diminish the incidence of ‘pro se’ ?

HOW DOES THE DIVORCE BAR SEE THE ‘PRO SE’ PROBLEM? Does everyone in a divorce and custody situation need a lawyer? What type of cases may not need a lawyer?  What about pre-court legal “coaching”? What about paraprofessional lawyers? What about defining custody as 50-50 in all cases- except proven abuse? What other ideas? What about disincentives for lawyers? What about fee caps on all cases, or needing certification from a judge to bill beyond a certain $$ figure?

Please, do not take the preceding paragraphs as any sort of concrete proposal. The remarks above are offered only as possible examples of epidemiological data for use in a very classic, rational problem solving process. The questions are more to get a conversation about planning going- or to say, we don’t want to go there, because...

To my thinking, all three branches of government should be involved in any such a conversation leading to a plan for action. The core issue at the heart of the ‘pro se’ problem problem is about how we are to treat Maine families and children in the throes of divorce and custody. It is a question about the well being of a  sub-population of huge importance to the future of Maine. Interest in the topic goes way beyond the interest and practices of one branch of government and one profession. Ideally all three branches of government should work on the issue and should sponsor the supportive legislation to enable the work. As to the question of who might  best do such a study or variations thereof in the interest of the public, my vote would be for OPEGA; others might have other choices. My personal aim would be to eliminate the dominance of “special interests” of stake holders from the “divorce industry”, who have been the dominant players heretofore. They don’t represent the people.

I hope this gives a bit more flesh on the bare bones we discussed on Wednesday? It is still skeletal!  It is just a beginning of a much needed larger conversation.

Thanks for your time, your always valuable perspective and your in depth knowledge of the Judicial Branch - and Maine government.

Sincerely,

Jerry Collins

CC: MeGALert

If you have had a bad experience in the Family Court systems or with a Guardian ad litem. Please contact us at MeGALalert@gmail.com or find us on Facebook.