In any custody case there is the possibility that the GALs work and ethics come into question. You are at the point of no return and start to file a complaint. The process is uncomplicated as described on the State of Maine’s Judiciary web site. Asking people associated with the judiciary and you will be directed to the Guardian ad litem complaint process. Reading it is straightforward and seems rather simple in its approach.
Looks though can be deceiving.
If you decide to file a complaint against a GAL be prepared for a process that is anything but clear and open.The reality of GAL removal is that it is nearly impossible (only two GALs have been removed in the last 5 years) and will cost you thousands of dollars. Let alone the countless hours invested.
Here are some of the road blocks to removing a GAL:
Because of this working relationship it becomes very hard for a valid complaint to make any headway in the legal process. The judge who is supposed to be a neutral figure in your dispute in actuality is not. The judge may be biased because of the working relationship he/ she has with the GAL associated to your case. Breaking this relationship is near to impossible and does not allow for corrective action against a GAL that may be doing something wrong.
The biggest roadblock to GAL removal is Maine's Judicial system. Oversight and management has to be removed from the judicial branch.
Looks though can be deceiving.
If you decide to file a complaint against a GAL be prepared for a process that is anything but clear and open.The reality of GAL removal is that it is nearly impossible (only two GALs have been removed in the last 5 years) and will cost you thousands of dollars. Let alone the countless hours invested.
Here are some of the road blocks to removing a GAL:
- You are an outsider and have no connection to the working relationship that those in Maine's court system have with each other.
- The Judge has a working relationship with your GAL. In some cases the Judge has been working for years with this person.
- The Judge is biased towards your GAL because of this working relationship.
- Because of this bias the Judge is not – repeat not – a neutral party in any dispute you may have - right or wrong - with your GAL.
- Any complaint filed against a GAL is a reflection on the Judge and his/ her management techniques.
Because of this working relationship it becomes very hard for a valid complaint to make any headway in the legal process. The judge who is supposed to be a neutral figure in your dispute in actuality is not. The judge may be biased because of the working relationship he/ she has with the GAL associated to your case. Breaking this relationship is near to impossible and does not allow for corrective action against a GAL that may be doing something wrong.
The biggest roadblock to GAL removal is Maine's Judicial system. Oversight and management has to be removed from the judicial branch.
This posting is common sense in its analysis of a virtually unsolvable problem.
ReplyDeleteWant to remove a GAL for ethical or statutory violations? Short answer: 2 words: "You can't!!" Even if you have lots of evidence and are VERY rich!
This posting should be sent directly to Maine's Chief Justice who is said to be working on reform, as we speak.
It should be part of testimony to the Judicial Branch on May 31st at 4 pm in Portland.
May 31 2012 will be an opportunity for those interested to be heard. There is huge concern by those that have been abused by the system of GALs in the state.
DeleteDoesn't this same set of issues apply at an appeal level too? Don't these guys all have work relationships too? Haven't 7 GALs worked closely with the Judicial Branch to draft proposals for GAL oversight? Old boy network, or old boy network?
ReplyDeleteYes this is true.
DeleteWHAT ABOUT PARENT COORDINATORS?? They too have quasi-judicial immunity as well as the ability to have ex parte communications at their "discretion". A rogue parent coordinator can have devastating effects on families.
DeleteI would agree that Parent Coordinators (PC) would have the same influence on a family as a GAL. ex parte communication gives an unfair and biased advantage to one side over the other. It means that the PC like a GAL has lots any neutrality in any case that they are involved in.
DeleteIt seems like a set of relationships that are way too cozy. Need to get outside parties in on decision making. Break up the "party".
ReplyDeleteJudges should not appoint GALs to a case. GAL appointments should be done by lottery or rotation. Get rid of the buddy system.
ReplyDeleteIn theory this would make sense. There are issues with this idea though. There are many GALs that are rostered in multiple courts though out Maine. For instance there is a GAL who has an office in Wells and is rostered in Biddeford, York, Springvale and Ellsworth. While the first three courts make geographical sense does the last one make sense? I know I would question how someone 195 miles away could pay the same attention to my issues as someone lets say 25 or 30. Then there is the unfair burden of travel cost.
DeleteYou certainly don't know all of this when you start a divorce/custody battle with a GAL included. Someone should do a road map for consumers. What anyone can expect.
ReplyDeleteA road map of what to expect when you start with a GAL is a great idea. Not what the state says on its web site, which is idealistic. How about the real thing?
ReplyDeleteThis is scary. I have just mailed a letter of complaint to the court in my divorce case outlining all the statute requirements the GAL has not met. I have four kids -- she met with 2 of them for a total of 15 minutes six months ago, but still managed to file a "final report"?? Then she saw my ex with her new boyfriend out at a restaurant with my kids, hugged both my ex and the boyfriend, and said she approved of their "family outing." She has spoken with my ex, her boyfriend and my ex's mother. No school officials, no teachers, no coaches, no one else.
ReplyDeleteSo are you telling me that there was no point in my letter and that I shouldn't expect anything to come of Pam not doing her job?
What you have described is similar to the experience I had with my GAL. The Judicial Branch is stuck in the 19th century in terms of their record keeping. They (JB) has no concept of what has been unleashed upon the public nor any idea of how to control this monster. What comes to light are people who think they are helping yet in the end cause more harm to the families involved.
DeleteI don't want to give you false hope about the situation you find yourself in. To show that Pam (your GAL?) has not done her job in your case (like others)is going to be a huge undertaking. I can give you countless examples of situations where a parent has a legitimate concern about the behavior of a GAL or parenting coordinator. Yet the court refuses to acknowledge the parents concern. It is frustrating and maddening to say the least.
Please email me at MeGALalert@gmail.com with a way to contact you. Thanks for commenting.