You're a mean one, Mr. GAL - Happy Holiday

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.

MeGAL 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.

Felicity Myers GAL

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

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

Felicity Myers

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.

MeGAL 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 MeGALalert@gmail.com

Change Takes Dedication and Perseverance

Change Takes Dedication and Perseverance

Family Court is one of the most in-humane institutions ever invented by humans. There is no quick fix to bringing about change. It takes education of those who can bring about change and there will be those (lawyers, Guardians ad litem and other court vendors) who will be there every step of the way to tell those same people that there is no problem.

For 10 years Peter Szymonik has been standing up to the Family Court system in Connecticut. It takes this kind of dedication to bring about change. On May 22 Peter went before Connecticut's Judiciary Committee to give testimony on the appointment of Barry Armata as a judge.

Please watch the video of testimony give by Peter:

Judiciary Committee Public Hearing on Judicial & Workers’ Compensation Commission Nominations Followed by Committee Meeting - Video

MeGAL has been working since 2012 to bring about change in Family Court system. We encourage you to be involved in the process by contacting your representative and start to educate him/ her with what the problems are.

Guardian ad litem -  Felicity Myers

 

Guardians ad Litem (GALs) Vendor Services Survey - Ending 2/15/2017

As part of LD 872 An Act To Improve the Quality of Guardian ad Litem Services for the Children and Families of Maine the Judicial Branch was required to survey consumers of their vendors services.

If your case is finished you have an opportunity to take this survey as a way to give the Judicial Branch constructive feedback as to how their GAL vendor did.

The Judicial Branch is requesting parents and attorneys in completed Family Court/ Law and child protection cases to answer a brief survey about the experience with the Guardian ad litem's service.

There are four survey's available. The majority of those reading this blog should take survey two. A link to the main survey page may be found here.

Guardians ad Litem (GALs) Services Survey

If you were a parent who was involved in a family law matter, please complete Survey Two entitled, "Survey of Parents Regarding Guardians ad Litem in Family Law Cases." - Survey Two

The Judicial Branch is supposed to be making a presentation to the Judiciary Committee on 2/15/2017. As part of that presentation we expect that the Judicial Branch will be showing what statistics they have collected on their vendors. The survey is 12 questions in length with opportunity to comment. It is an an anonymous survey.

MeGAL works to educate parents and family members as well as our representatives to the issues that infect our Family Court system. If you have had a problem or feel that something just is not right with your GAL or Judge we encourage you to email us at MeGALalert@gmail.com or find us on Facebook.

Pro se Civil Rights Abuse not Important Enough for Senator Susan Collins

In 2015 MeGAL approached Senator Susan Collins office for help in supporting the civil rights of Pro se parents who are being systematically abused by the justice system. It was pointed out that across the country over 50% of the "Family Court" cases are Pro se. Maine has the distinction of having 75% of court cases being Pro se.

As a Pro se litigant you are going into battle often knowing little or nothing about the rules of engagement. You are a caveman against a modern day soldier.

In June 2015 the process was started and in September of 2015 her office agreed to help and make inquires into this issue.

Almost two years later we are still being told that the office is working on the issue with the Department of Justice and that something maybe happening next month. This was the same canned answer given a month or so ago and the time before that. For all we know nothing has happened in the past two years other than being told that something maybe happening.

When pushed recently as to why Senator Collins did not go directly to Attorney General Loretta Lynch the staff person replied that the Senator only does that for "IMPORTANT" issues. Otherwise it is low level staff member to low level staff member for issues like ours. We asked if this meant that Senator Collins doesn't consider Maine and other families whose civil rights are being abused in Pro se "Family Court" cases as being important - we were told "Oh No. Every constituent is important! Everyone!".

Yeah sure they are Senator Collins.



That is why something is always going to happen "next" month.

MeGAL encourages you to contact Senator Collins to ask her why Pro se litigants whose civil rights are routinely abused by the system of Justice that should be protecting them. Why is this not important enough for her to pay attention to?

MeGAL is a grass root organization that is working for "Family Court" change and the management and oversight of court vendors like Guardians ad litem. If you are having a "Family Court" issue we encourage you to contact us at MeGALalert@gmail.com or find us on Facebook.


Senator Susan Collins may be contacted by filling out this form

I Am 'Pro se' In This Family Court

I AM 'PRO SE' IN THIS FAMILY COURT: I am one of the 75% in Maine Family Courts who are forced by finances to represent themselves as litigants. This percentage in 2015 was approximately 17,065 Maine citizens forced to go into family court without a lawyer. Of these 17,065 'pro se' litigants, 85% of this group (14,505) must argue their case against a seasoned lawyer. It is an obviously uneven, unfair match.

I AM 'PRO SE' IN FAMILY COURT: I lack the legal knowledge, skill or experience to litigate against an educated, experienced lawyer. Our credentials for this vitally important custody contest are grossly unequal.

I AM 'PRO SE' IN FAMILY COURT: I do not understand courtroom procedure and practices. I am at a disadvantage against professionals who do. I am a foreigner, who doesn't understand the culture and practices of the legal profession.

I AM 'PRO SE' IN FAMILY COURT: I am inept when it comes to the clerical details of filing court papers, their format, terminology, timing, etc. I make mistakes in these matters, because these activities are unfamiliar to me. I am a "bother" to courthouse officials, because I take more time and need special instruction in clerical requirements

I AM 'PRO SE' IN FAMILY COURT: I am frightened to be forced into a ‘zero sum game’, winner take all "contest” in which I have to legally "gamble" for parental rights to raise my child, based on my legal skill in a courtroom "contest”. I simply want to be a part of my child’s life and help him/her to grow up know his/her parent loves him/her.

I AM 'PRO SE' IN FAMILY COURT: I do not have the lawyerly skills to play the "money game", and I am easily trapped by a lawyer who does. My experienced lawyer opponents can use legal gamesmanship unknown to me that allow a courtroom “financial shakedown” on me for money I don't have. I lack the lawyerly skills to deal with this trap.

I AM 'PRO SE' IN FAMILY COURT: I am charged with being “in contempt" for non-payment of money I don't have, and I have been unable to get a hearing to asses my finances.

I AM 'PRO SE' IN FAMILY COURT: I have been threatened with jail without being warned about alternatives, or being afforded an attorney (according to constitutional law) to defend me or seeking a lesser form of action.

I AM 'PRO SE' IN FAMILY COURT: I am treated as a criminal abuser with no evidence and with no method of seeking exoneration. Every motion I file costs me money for my defense and may lead to me having to pay the fees of my opponent's. It gets worse and worse.  Trying to straighten this out is bankrupting me and not resolving the issue.

I AM 'PRO SE' IN FAMILY COURT: Even though I have learned a few things about courts and the law from my experiences in court, I will always be outmatched by a trained lawyer.

I AM 'PRO SE' IN FAMILY COURT: I am not a social friend of this judge. I didn't go to USM law school with this judge. I don't work with this judge regularly in court on other cases. I don't attend bar/bench functions in this community I don't "vet" this judge for reappointment as do members of the local bar. Unlike members of the bar, I can't influence this judge's re-appointment. I am an alien to the legal culture and legal friendships that are enforced by sharing a common culture and frequent contacts.

I AM 'PRO SE' IN FAMILY COURT: I ask myself, why do we have to spend vast amounts of money (which I don't have) to end a marriage in court when many other countries have an easier way? The only people who benefit from American-style divorce are the legal profession.

I AM 'PRO SE' IN FAMILY COURT: Why does my "ex's" lawyer act in ways that aim to exclude me as a parent in my child's upbringing? Doesn't my child need two active parents?  Why are there no plans for full reconciliation?

I AM 'PRO SE' IN FAMILY COURT: I am forced to play a fake role as a litigant in a charade that pretends we are in a court of law. But I am not a lawyer. I am not a member of the legal guild. I am unfamiliar with the rules of the game. My utter dysfunction in my assigned role gives lie to calling this a court of law.

I AM 'PRO SE' IN THIS COURT: Please give me access to justice and end this brutal nightmare.

MeGAL has been working for court change as the system for Family Court is badly broken. If you have been abused or seen others abused by this system we would encourage you to contact your Representative and educate him/ her. You may also contact us at MeGALalert@gmail.com or on Facebook.

The New World of GALs - Will Pro se Lawyers be Invited?

Friday April 29, 2016 the Maine and York  county Bar will be holding an educational session titled "The New World of GALs".

The program is supposed to provide the tools needed for professionals to engage the best practices and to assist families going through child custody. It is being sold to area judges, lawyers and Guardians ad litem.

For parents who are representing themselves has this valuable course been marketed or even mentioned to them? Probably not - yet it is this very population ( 2015 - 17,065 case where there was at least one Pro se lawyer/litigant ) who should be attending.

We questioned the ethics and value of this course in correspondence with the Judicial Branch:


Mary Ann Lynch, Esq
Maine Judicial Branch


Dear Ms Lynch.


There has been great interest on the part of 'pro se' litigants  in the  York Bar's upcoming educational session, "THE NEW WORLD OF GALS", for Lawyers, Courts and GALs. We wonder whether the Judicial Branch has plans to provide some equal public education on this topic for 'pro se' litigants? Clearly, everyone in court, lawyers, judges, GALs and 'pro se', logically need the same information base on this important topic. Knowledge is a tool for everyone, and, as we know, knowledge is power.

There is particular interest in the panel at the end of the session in which several active, Maine judges participate. From the program agenda, these judges appear to offer a "how to" tutorial to the professional attendees about several topics. One topic to be addressed by the judges on the panel seems especially instructive and useful, coming from judges: "how to lose a case". In an adversarial contest, this "how to" ought to give an edge to those who have received instruction from these judges. Will the judges also be instructing 'pro se' litigants in "how to lose a case" at some point - or is this instruction exclusively for lawyers and GALs?

There is also the interesting matter of the post-conference reception, programmed for almost 2 hours. As this sort of thing goes at professional conferences, it is usually a useful opportunity for bonding, for fellowship and for professional gossip - a relaxing, fun time for bench and bar - and GALs. How do judges, if they participate in the reception, preserve their professional objectivity, their future courtroom impartiality? Can they put aside this bonding, fellowship and conviviality for an unbiased presiding over litigation involving 'pro se' "strangers" with whom they've never had a drink? Would these same judges come to a cocktail party gathering of 'pro se' litigants, if invited? The 'pro se' group is, after all, the majority player in family courts: 75% to 25%.

Sorry to burden you with our concerns, but the conference - to our eyes - might appear to unbalance the "scales of justice" in several ways, unless the Judicial Branch has plans for equitable teaching of 'pro se' litigants about "The New World of GALs", including, judicial instruction in "how to lose a case" and the useful opportunities for conviviality and bonding with all of the players at the end of the session.


It's about the "new normal" majority of 'pro se' in family court. Can it be made to work so all have "access to justice"?


Sincerely,


Jerome A Collins.


MeGAL works towards reforming the Family Court system through legislation and education. As a parent who has been abused in the system we encourage you to become involved. Your first step in doing so is to contact us at MEGALalert@gmail.com or finding us on Facebook.

Flicity Myers GAL

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 ]

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 MeGALalaert@gmail.com or find us on Facebook.

Equal Access to Justice - Not as a Pro se litigant

In June of this year we wrote to the US Department of Justice regarding issues surrounding Pro se representation. Part of the issues a Pro se litigant has to deal with is the denial of equal rights and access to Justice. In Maine, Connecticut and New York the Pro se litigant makes up 74% or greater of the cases in court. In over 80% of these cases the Pro se litigant is up against a lawyer. Below is our letter to the Justice Department:


US Department of Justice
Civil Rights Division
950 Pennsylvania Ave, NW
Washington. DC 20530

To Whom It May Concern:

Subject: Civil Rights Complaint: 74% of Maine Family Court Users, Who are 'Pro se' Are Denied Equal Rights in Family Courts.

In Maine 74% of people in family courts are 'Pro se'. This amazing statistic comes from a personal communication from Maine's Chief Justice, and it has appeared in an essay by an Associate Chief Justice in the Portland Press Herald. There is also the statistic that in 86% of cases in family court there is only one lawyer. These limited numbers alone raise questions about whether equal justice is possible when a 'pro se' litigant is opposed by a lawyer.

Attempts to seek corrective action in discussion with leaders in the Maine Judicial Branch have gone nowhere.  Likewise, an attempt to obtain a legislative audit (see below) have been defeated, largely because of oppositional lobbying from the bar and the Judicial Branch. I am enclosing the content of the proposed bill, which aimed at obtaining further data about the nature of the 'Pro se' problem in Maine, so as to be able to move forward with rational planning to address the problem. It gives the gist of the civil rights problem in a nutshell. See below:

LD 953 An Act to Improve the Court Experience of 'Pro se' Litigants

Senator Burns, Representative Hobbins, members of the Judiciary Committee

It is a pleasure to endorse Rep Seavey's bill, LD 953, An Act to Improve the Court Experience of 'Pro se' Litigants. From my perspective as a member of Maine Guardian ad litem Alert, LD 953 is our most important piece of legislation this year. It calls for a legislative study, what one might call an audit, of the 'Pro se' experience of justice in one or more Maine family courts. The title of the bill calls for "an improvement of the court experience" of 'Pro' se litigants. But before we can "improve", we need to know "what exactly is that experience?"

We don't really know. Apart from the eye-popping statistic that 74% of litigants in family courts, we know almost nothing. I don't know, Mary Ann Lynch, Judicial Branch spokeswoman, doesn't know. The Chief Justice doesn't know. And ... most important - you as members of a legislative committee charged with constitutional "oversight of the Judiciary" don't know and need to know. You can't do "oversight" of any problem without knowing the nature of the problem and this requires data to work with.

Although the Judicial Branch will claim to be moving on the 74% 'pro se' problem, and though Justice Andrew Mead has had a committee working on the problem for a couple of years, these operations affecting the 74% majority users of family courts are not open to the public. Their deliberations are conducted out of public view. The from what we have learned, the committee aims to:

(a) raise money from lawyer donations to pay for legal services for some of the 74% 'Pro se' group,
(b) ask the bar to do more 'pro bono publico' work for the 74% 'Pro se' group,
(c) allow clerks in various courts to assist 'pro se' clients with paper work,
(d) ask judges to be more "user friendly" to 'Pro se' litigants and stop saying, "Don't come back to this court without a lawyer!" All of these efforts are fighting an ill-defined, gargantuan task with a "peashooter"! They are solving a problem with no data, no definition of the nature of the problem. From the feedback we get from our friends, these efforts are a well-intended, unsystematic, disorganized, "drop in the bucket". Normative family court pronouncements, coming from the Judicial Branch, continue to be written for lawyers. Shall we say, "Oops ... we forgot that only 26% represented by lawyers." The Norm, the usual, the average, the typical is 74% 'Pro se'.

The Judicial Branch is attempting to solve the 'pro se' problem, before they know the nature of the problem. They are posing unsystematic solutions for an unknown clientele, without involving this clientele in the solutions. Part of the problem in understanding the 74% 'Pro se' client is that the Judicial Branch has no electronic data that might shed light on these clients, so solutions are, of necessity, a "short in the dark", guess work, lacking an intervention model that fits the situation, driving blind. The Judicial Branch is not in the habit of conducting surveys or studies. The preferred approach is to assemble "stakeholders", to debate and recommend answers. Typically, "stakeholders" are politically powerful members of the "divorce industry", lawyers, judges at various levels, Guardians ad litem, who have a personal/professional stake in the answers. It is the "foxes" assessing the problems and needs of the "chickens in the hen-house"!

QUESTIONS IN NEED OF ANSWERS FOR CORRECTIVE ACTION:

1. What are the demographics of the 74% 'Pro se' group? What is the gender spread? Socioeconomic levels? Education levels? Immigrants? Linguistically handicapped? Disabled?

2. What are the decisional outcomes of the 74% 'pro se' court experience? Do cases go well for the 'Pro se' litigant? How do 'Pro se' litigants evaluate their experience as consumers of family court service? What services or supports do they feel would have helped them?

3. What do lawyers, judges and GAL think about the 'Pro se' problem? Do they see it as the norm in family court or as the exception? How have they (or haven't they) adapted formal procedure to untrained litigants?

4. The 'Pro se' trajectory: How many people start as 'Pro se'? How many move to "Pro se' after they run out of money? How much money has the average 'Pro se' litigant spent before they decide to go 'Pro se'? What is the impact on 'Pro se' litigants previous experience on their savings, retirement, mortgages, college funds, family borrowing, other forms of borrowing?

5. How much time from work, vacation time, sick time, etc. must 'Pro se' litigants take to handle appearances in court and administrative activities normally handled by a lawyer? Employment consequences?

6. How do courts handle the 74% 'Pro se' litigant's lack of knowledge of courtroom procedure, rules of evidence, cross examination techniques, non-compliance with various professional protocols? Are 'Pro se' litigants treated as lawyers or as parties? Are there standards for 'Pro se' in court? What impact has the huge number of 'Pro se' litigants had on family courts? Can family courts still be considered "courts" when the participation of litigants is so unequal, uneven and out of keeping with courtroom standards and protocols?

7. 'Pro se' appeals to the Supreme Court: how many? Do they get help? What if their brief is not up to legal standards? Can a 'Pro se' simply do his/her own thing in forming a brief, or must they try to be a "junior, untrained lawyer?

The above questions are just a limited sample of things one needs to know in advance of rational frugal goal-oriented problem solving. The answers to these questions might guide planners in developing a rational plan to correct and reform family courts and address the 74% 'Pro se' problem. Family courts, in our view, are in a state of 'free fall" at the moment. Just the limited facts we have give us a "peek" into a what is a "court" in name only. 74% 'Pro se' and getting bigger. No demographic or statistical or geographic spread data to work or plan with. No standards for the 'Pro se' litigant that recognize their non-professional status and their need for tools and assistance in the name of justice. . No idea of who these people are and no idea about what might help them in their advocacy. Current Judicial Branch planning is not data based, not reality based, not consumer based. It is prescribing for others without knowing them. From our direct, personal experience, Clerks of courts give the behavioral message; they are not sure how to deal with 'Pro se' litigants and whether the 74% majority should get service priority or the priority is to serve the 26% real lawyers. They are wary of helping the 'Pro se' litigants with forms (it might be misconstrued as "legal help"). They are inconsistent from court to court in their explanations and directions. Their inconsistency leads to confusion, duplication and time consuming errors. Time consuming errors are "time off from work" for a 'Pro se ' litigant- no billable hours for a lawyer! It is as simple as that.

Finally there are the heartbreaking stories of the human wreckage of 'Pro se' litigants caused by Maine's family courts with no supervision, no oversight, no management. It cries for an audit or whatever you choose to call an assessment of this very broken system. Should it be repaired, or should it be terminated or will it simply "crash and burn on its own, if no action is taken?

We ask that the US Department of Justice, Civil Rights Division help the 'Pro se'  citizens of Maine, who cannot obtain equal justice when they go to court on their own and "unarmed" with the "tools" of lawyers.

MeGAL is working to bring reform to the Family Court system. If you have had issues in Family Court we encourage you to reach out to us. We may be found on Facebook or via email at megalalert@gmail.com.

Some questions to ask 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): 

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 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?

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.

MeGAL 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 MeGALalert@gmail.com or find us on Facebook.