Just so no one thinks we are the only group that have realized that GAL’S are in need of oversight and accountability, this report that we have published excerpts from dates back to the spring of 2002. It goes much further than just wanting corrective measures as we here at Megalalert want. The report states that the role of Guardian Ad Litem be abolished.
Many concerns have been raised about the use of guardians ad litem. Most complaints have centered on guardian actions in family court cases, primarily in contested divorce actions. Complaints have focused on guardian bias, lack of oversight and accountability, inadequate training, and inappropriate communications between guardians and judges.
The flawed rationale for appointing these GALs in custody cases is that all parents, who are presumed competent to raise their children and beyond the state’s heavy hand prior to the commencement of the divorce case, are somehow automatically transformed into mere combatants inherently blind to their children’s needs, and whose offspring now need the wisdom and control of some typically young lawyer, needing the fee, to avoid falling into the vortex of the litigation.
People told us the multiplicity of the guardian roles can be confusing, especially to parents who may not always understand why guardians were appointed.subject to definition in any way consistent with appropriate judicial proceedings.
Guardians ad litem must be abolished in private custody cases for well- established reasons:
1) the role is not subject to definition in any way consistent with appropriate judicial proceedings
2) there is no documented benefit from their use
3) they undermine and compromise fact finding by usurping the role of the judge and depriving parents of due process
4) they undermine parental authority and privacy
5) the costs and fees resulting from their use ultimately deprives parents and children of resources that would actually benefit the child
6) in child abuse and domestic violence cases, they routinely advocate against the child’s safety and protection and directly contravene the child’s interests
7) they are unaccountable for their actions.
As shown here, the road to Hell is indeed paved with good intentions and detours through the family courts.
Credit: Richard Ducote
The court is scheduling a meeting for Thursday, May 31 at 4 pm in the Cumberland County Courthouse to hear from interested parties and the public. We hope you will be able to attend and share your views. This is an important meeting regarding guardian ad litem reform and we need your support.
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