Guardian Ad-Lietum Skews an Alcohol Evaluation...is this ethical?

[sharpie259]

What is the name of your state? CT

At one point, my ex-husband was court ordered not to transport my daughter by car because of alcohol issues.

After several months, we agreed that if he was evaluated for alcohol abuse, based on what the evaluator said, he might be able to transport our daughter.

The evaluation was done - no blood or urine tests - only a series of questions posed to my ex-husband - to which he replied very dishonestly, stating he on ly had a beer on the weekends, etc).

I recently found out that the guardian ad-lietum in the case, who always seemed unusually sympathetic to my ex-husband, told the substance abuse evaluator not to contact me for information- she wanted the evaluation to be only from my ex-husband's perspective. So, the evaluator relied only on these questions to my ex-husband in order to formulate her opinion. Obviously, he lied - so, the evaluator said he did not have a drinking problem.

A few months later he was arrested (on a weeknight) for a DUI.

Thank God, my daughter was not in the car with him.

Question: Is what the guardian did (with regard to skewing the evaluatiuon) ethical? I thought she was supposed to have the child's best interest in mind.

If this is not an ethical practice - who should I contact? The American Bar Association?

Thanks for any assistance.

 

[rmet4nzkx]

You have to let your ex be responsible for his actions, notify the GAL of the DUI, it may not count since she wasn't with him but it will give your concern more value and is an objective finding rather than subjective.

 

[seniorjudge]

What is the name of your state? CT

At one point, my ex-husband was court ordered not to transport my daughter by car because of alcohol issues.

After several months, we agreed that if he was evaluated for alcohol abuse, based on what the evaluator said, he might be able to transport our daughter.

The evaluation was done - no blood or urine tests - only a series of questions posed to my ex-husband - to which he replied very dishonestly, stating he on ly had a beer on the weekends, etc).

I recently found out that the guardian ad-lietum in the case, who always seemed unusually sympathetic to my ex-husband, told the substance abuse evaluator not to contact me for information- she wanted the evaluation to be only from my ex-husband's perspective. So, the evaluator relied only on these questions to my ex-husband in order to formulate her opinion. Obviously, he lied - so, the evaluator said he did not have a drinking problem.

A few months later he was arrested (on a weeknight) for a DUI.

Thank God, my daughter was not in the car with him.

Question: Is what the guardian did (with regard to skewing the evaluatiuon) ethical? I thought she was supposed to have the child's best interest in mind.

If this is not an ethical practice - who should I contact? The American Bar Association?

Thanks for any assistance.

https://forum.freeadvice.com/showthread.php?p=892668#post892668

Please keep all your questions on this subject in one thread.


Question: Is what the guardian did (with regard to skewing the evaluatiuon) ethical?

A: Absolutely not. Inform the judge on your case; send a copy of your written complaint to the guardian ad litem and also to the evaluator and your husband's attorney. Expect a **** storm.

 

[sharpie259]

Sorry for the multiple threads

Sorry for the multiple threads. I am new to this site.

Thank you (again) for your quick and helpful response.

 

[seniorjudge]

Sorry for the multiple threads. I am new to this site.

Thank you (again) for your quick and helpful response.

You are welcome.

 

[sharpie259]

which rule violation?

This case is currently not active - so there is not judge involved to direct a letter to but I am going to write a formal letter of complaint to the state bar association. I am concerned if our case gets re-opened that this guardian ad litem may be reassigned to the case...so, I have contacted the State Grievance Commitee and reviewed the State Rules of Ethics and Practice for attorneys. It is overwhelming.

I would like to be able to reference, in the complaint what rule I think this attorney has violated by influencing the evaluation.

Would it be with regard to truthfulness in statements to others(3.5)? Or the rule about lawyers not influencing judges, jurors, prosective jurors or other officials (does not specifically say evaluators)(4.1)?


(Professional Conduct >> www.jud.state.ct.us Go to about attorney and then FAQ , Find the question what are the Rules of ...)

Any help is greatly appreciated.

 

[sharpie259]

Sorry!!!

Oh no!
I did it AGAIN - multiple threads!
So sorry! Again, I am new to this...my apologies!