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    sphelp's Avatar
    sphelp Posts: 1, Reputation: 1
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    #1

    Nov 6, 2010, 05:54 AM
    Is there a statute of limitations for a guardian ad litem to file decision to court
    Paid $11,000 to guardian ad litem to collect information for court on where he thought the children should reside. He kept saying "after....after....then I will write the report". He just kept adding to the bill. He said "when you pay, I will write the report".
    It was paid, still no report. Said he still needed more information. Ex had his attorney terminate his services so the GAL stated to me that his hands were tied till he was retained again. Didn't he have an obligation to the court and to the children? It was like the money we spent was stolen! So much time has gone by, my new attorney said we need to retain a new GAL! But what about all the money spent and info gathered originally?? Shouldn't the GAL have the records in archives and be supenaed? (soup ee nad) Can we get our money back? Should he have a grievance put upon him? The court does not seem to even care when they were told. The children should be and WANT to be living with their mother! What can be done?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 6, 2010, 06:34 AM

    Yes you should sue the GAL. But in my experience the GAL is not paid by the parent. A GAL represent the child, not either parent. Generally they are paid by the court. So I'm wondering what really happened here.

    By the way, ANY question on law needs to include your general locale as laws vary by area.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 7, 2010, 12:08 AM
    Quote Originally Posted by sphelp View Post
    ... What can be done??

    I assume the court issued an order appointing him, directing that he should file a report, and how his fees were to be paid.

    I would apply to the court for an order requiring the GAL to show cause why he shouldn't be required to file the report he was ordered to file. Recite in your application the specifics, i.e.: attach a copy of the order appointing the GAL, and the specific things you did pursuant to that order: paying the $11,000, etc. See what the judge has to say about this situation.

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