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JudyKayTee · Aug 12, 2012, 07:00 AM

Originally Posted by momma5

Well in this case he had been proven wrong. He called out marriage counselor and asked her what we have discussed (we gave her written consent to discuss everything with him) and she called me saying he was a jerk towards her. He kept "digging " and after approximately 30 min of what she guesses was him not getting the information to back up that my husband is "violent" or "abusive" he got even ruder with her and hung up.

Why does the GAL have this attitude toward you and your husband?

momma5 · Aug 12, 2012, 07:07 AM

That's what we'd like to know :( his first recommendation was made before he even talked to my husband (he was out of state working at that time ) . We are at our wits end with this and it frustrates my husband to see me suffer like this. My 2 step daughters and my son (the girls half brother) are just as torn up about this as I am. The ex is already trying to keep me from getting them (while the temp order is in place I'm allowed to see them whenever I want ) and he will not do anything more than argue with me.

momma5 · Aug 27, 2012, 05:59 PM

What are some grounds for either having a guardian ad litem completely removed from a case or disbarred from practicing altogether?

ScottGem · Aug 27, 2012, 06:01 PM

Incompetence, corruption, bias

momma5 · Aug 27, 2012, 06:04 PM

How would I go about either? The GAL on my case is getting carried away with his position of "power". For example: I called him on a Tues evening at approximately 7pm to discuss a matter involving my children's safety. He got rude and told me his business hours are Mon -Fri 8-5. I called

Fr_Chuck · Aug 27, 2012, 06:06 PM

Large difference in having them removed and a new one appointed. And a different procedure. To have someone disbarred you go though the State Bar association and file with them.

There is not enough details of the case, the problems to really give any detailed answer

momma5 · Aug 27, 2012, 06:07 PM

How would I go about either? The GAL on my case is getting carried away with his position of "power". For example: I called him on a Tues evening at approximately 7pm to discuss a matter involving my children's safety. He got rude and told me his business hours are Mon -Fri 8-5. I called my ex husband on Sunday at 6 and he said the guardian ad litem was on his way over to chat with him. That's my first bias example. My other is I wanted to switch weekends but the ex kept saying no. He then told me this evening the guardian advised him to switch. But when I mentioned wanting to switch to the GAL he told me he didn't Want to hear what I have to say..?

Fr_Chuck · Aug 27, 2012, 06:08 PM

And that is his business hours, they are not 24 hour a day workers. If there is something so life threatening that it needs to be dealt with late at night, you call the police to come to the safety of the child.

This is not even reason to do anything, this is a person who was upset you would call after hours and they were telling you to contact them during office hours.

momma5 · Aug 27, 2012, 06:10 PM

But yet he was able to go to the exs on a Sunday which wouldn't be business hours to visit with him?

ScottGem · Aug 28, 2012, 03:29 AM

Originally Posted by momma5

But yet he was able to go to the exs on a Sunday which wouldn't be business hours to visit with him?

It is one thing to make an appointment after business hours. This was something he scheduled. It is another thing, to get an unsolicited call after business hours. If this is all you have to go on you haven't a chance.

A GAL is not a 9-5 responsibility, but that doesn't mean a GAL is at the beck and call of the parents 24/7. Its all about reasonableness. I have no idea what you called about and what your attitude was. But I can see several scenarios where the GAL might have gotten perturbed at being disturbed after normal working hours.

So far I haven't seen anything that comes close to any of the grounds I listed.

momma5 · Aug 28, 2012, 04:32 AM

So what about giving the other party advise on how to win the case?

Fr_Chuck · Aug 28, 2012, 04:37 AM

If I understand it correctly the GAL is there for the protection of the child's rights, and is there for what is in the best interest of the child, ( not either parent or guardian)

At least in cases I have been involved with it. So why do you think they should or would have to side with you ?

ScottGem · Aug 28, 2012, 04:47 AM

Originally Posted by momma5

So what about giving the other party advise on how to win the case?

What advise? As noted the GAL represents the best interests of the child. Did you, in fact, witness advice that was helpful to the father's case? Or are you just going by what the father told you?

Fr_Chuck · Aug 28, 2012, 04:53 AM

When my one child was seriously injured in a freak Christmas float accident ( yes really happened) He was appointed a GAL. to protect the child's interest in the law suit.
They did not go with many of my wishes, but did what they think was best for the chlid.

So perhaps the GAL thinks the other side should win? The GAL is not on YOUR side they are independent. Also if you argue and fight and bother them and get on their bad side, they are less and less on your side

momma5 · Aug 28, 2012, 05:16 AM

I've got proof of him giving the other side advise. And when I asked him what exactly his job was he said to protect the children's rights. 5 seconds later he said the children didn't have any rights. The case is in tribal court the judge is tribal the GAL is tribal. The other party is tribal.

momma5 · Aug 31, 2012, 05:47 AM

Guardian ad litem previously told me to send any documentation to the court clerks office and they would supply it to him due to the fact he would not give me an email for me to send said documents to him directly. I get an email from him today ( which means I just now have an email address for him ) stating he's going to ask the court to impose sanctions for each violation I have committed. I did what he originally told me to do! HELP!

JudyKayTee · Aug 31, 2012, 06:08 AM

Originally Posted by momma5

Guardian ad litem previously told me to send any documentation to the court clerks office and they would supply it to him due to the fact he would not give me an email for me to send said documents to him directly. I get an email from him today ( which means I just now have an email address for him ) stating he's going to ask the court to impose sanctions for each violation I have committed. I did what he originally told me to do! HELP!

My concern? There is a long history here. https://www.askmehelpdesk.com/family...t-690477.html; https://www.askmehelpdesk.com/family...t-685875.html; https://www.askmehelpdesk.com/family...lp-684405.html

You've asked about the GAL before.

I don't understand why the Court and GAL find you uncooperative, time and time again.

But yes, if you find that the GAL is biased or uncooperative or giving legal advice to one side and not the other, file a petition to remove him/her from the matter. State facts, not conjecture, and the GAL will be removed.

Of course, the entire matter will be held up until the Motion is heard, the GAL removed, the new GAL appointed, then the new GAL has to be brought up to date.

But, yes, it's possible.

Did you get the case moved to another venue?

momma5 · Aug 31, 2012, 06:24 AM

No they will not move it. I'm at a loss right now. I have done everything and anything they've asked and as I have stated I was told specifically by him to send documentation to the court clerk. Nothing had been said about it till now and I've been sending things in for nearly 3 weeks.