• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need quick answer re: GAL

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

SMinNJ

Member
What is the name of your state? NJ


Mom and Dad in prolonged (8 + months) custody issue. Parenting time currently suspended due to mom (& child's) allegations of mental abuse by dad and me. Parents share joint custody, mom is PPR. Dad hasn't seen child since Father's Day, when everyone was happy to see each other. Dad had filed, partly on child's request, for custody two days later. The following day, mom began to deny parenting time. Psych evals have now been done on child and dad. Results not favorable to dad. Judge requested all parties, including GAL, to provide their positions on recommendations from the report to the court, w/ conference call scheduled for this AM. Dad is pro se.

Received GAL's position on Saturday, which states that he "briefly represented contents of (eval) to child (13 years old).

Is that appropriate given the fact that the court has not made its decision to accept or reject the report and its recommendations? Court was supposed to read the positions, have the conference call, and decide whether to have a plenary hearing on the matter this AM at 9.

Thanks in advance...

Stepmom in New Jersey
 


Ohiogal

Queen Bee
Received GAL's position on Saturday, which states that he "briefly represented contents of (eval) to child (13 years old).
What exactly does the above mean? What exactly did the GAL represent? More facts are necessary. Also what the report says is what the report says. It doesn't matter if the court accepts it for it to be discussed between parties.
 

SMinNJ

Member
What exactly does the above mean? What exactly did the GAL represent? More facts are necessary. Also what the report says is what the report says. It doesn't matter if the court accepts it for it to be discussed between parties.
I'm sure I'm a nut this morning, which is why I'm not quite grasping what is unclear... but I'll talk more, and hopefully give you what you need :)...

Eval report and recommendations were received two weeks ago. The three parties involved - mom's counsel, dad, and child's GAL - were instructed to go to the court, read the eval and recommendations and respond to the court with their positions on the recommendations. The judge clearly said, and all parties affirmed in writing afterwards, that a conference call was to be held this morning between all parties. If all parties agreed to follow the eval's recommendations, they would be carried out. If parties do not agree, a plenary hearing would be scheduled to decide what to do.

Does that help?
 

LdiJ

Senior Member
I'm sure I'm a nut this morning, which is why I'm not quite grasping what is unclear... but I'll talk more, and hopefully give you what you need :)...

Eval report and recommendations were received two weeks ago. The three parties involved - mom's counsel, dad, and child's GAL - were instructed to go to the court, read the eval and recommendations and respond to the court with their positions on the recommendations. The judge clearly said, and all parties affirmed in writing afterwards, that a conference call was to be held this morning between all parties. If all parties agreed to follow the eval's recommendations, they would be carried out. If parties do not agree, a plenary hearing would be scheduled to decide what to do.

Does that help?
That wasn't what she was asking about, she was asking about the specific item she quoted, which I agree was unclear.

Were you saying that the GAL told the child some general info about what the evaluation contained? In other words, told the child that it wasn't favorable to dad?
 

SMinNJ

Member
That wasn't what she was asking about, she was asking about the specific item she quoted, which I agree was unclear.

Were you saying that the GAL told the child some general info about what the evaluation contained? In other words, told the child that it wasn't favorable to dad?
Quote from GAL, "I have independently read the psychological evaluation and report of Dr. xxx's report to your Honor. I have briefly represented the contents of the same to my client (the child)."

Child then reflects her own position regarding the recommendations - no contact with dad, need for dad to apologize, etc...
 
Last edited:

LdiJ

Senior Member
Quote from GAL, "I have independently read the psychological evaluation and report of Dr. xxx's report to your Honor. I have briefly represented the contents of the same to my client (the child)."

Child then reflects her own position regarding the recommendations - no contact with dad, need for dad to apologize, etc...
Apparently the GAL felt it was necessary to get the child's opinion on the evaluation in order to make his/her own recommendation to the judge. I am not sure that there was anything inappropriate with that considering the child's age.
 

Ohiogal

Queen Bee
The child is a teenager. If the GAL stated that dad needs counseling or what not and that he recommends this and that, that is not necessarily a bad thing. The child at this age has a right to know that it is referred that she should be in counseling with dad. Now if the GAL went more in depth -- dad was diagnosed as XYZ and scored this and that and yada yada yada then that is too much. Understand. The quote you gave doesn't really define what exactly was said so no one can say whether or not the GAL was out of line.
 

SMinNJ

Member
The child is a teenager. If the GAL stated that dad needs counseling or what not and that he recommends this and that, that is not necessarily a bad thing. The child at this age has a right to know that it is referred that she should be in counseling with dad. Now if the GAL went more in depth -- dad was diagnosed as XYZ and scored this and that and yada yada yada then that is too much. Understand. The quote you gave doesn't really define what exactly was said so no one can say whether or not the GAL was out of line.
Thanks for your input. The position that the GAL put forward only makes that statement regarding what he said to her about the report, which in my mind says that since he represented the "contents of the same", with the same referring to the psy eval and report, he probably told her not only what the recommendations are but also what the evaluator's findings from the report were.

The GAL himself made no recommendations and gave no position, simply repeated what the child says she wants. Dad's position, going back seven years and multiple filings by mom, has been that mom's actions have been poisoning the child against him. The child's current position, which has only been expressed to others and never to dad, is that she hates him and wants nothing to ever do with him. In the GAL's representation of her opinion, she says that she wants dad to go to counseling, as the eval recommends, and that she wants to go to counseling (as recommended, and as dad has been fighting to get mom to do for five months now), but that she wants no joint counseling with dad and no parenting time until he goes to counseling, accepts and admits his role for all he has done, and apologize to her.

Every step of the way, the judge has done exactly what the child says she wants, through the GAL. Child said she was ok with supervised visits, judge ordered them, child refused to attend, judge said ok. Judge ordered nightly phone calls, child said nightly was too much and asked for three days a week, judge said yes, child went along for a few weeks, although only answering 1x a week, very happily talking about school and life and her friends - 30 minute long phone calls. She was pulled out of counseling and phone calls immediately stopped. Three weeks go by, and child claims dad is abusing her through phone calls, judge puts an end to the phone calls.

Yes, the child is a teenager, but she just turned 13 while all this was going on.

Well, we'll see what happens... its been so hard on dad, and I'm sure on the child, but there's no way to find that out since the only status check he's been able to get was that she was happy and doing well.

Thanks for your advices and opinions...
 

wileybunch

Senior Member
In the GAL's representation of her opinion, she says that she wants dad to go to counseling, as the eval recommends, and that she wants to go to counseling (as recommended, and as dad has been fighting to get mom to do for five months now), but that she wants no joint counseling with dad and no parenting time until he goes to counseling, accepts and admits his role for all he has done, and apologize to her.
What is "all he has done" that DD wants an apology for? Ohiogal's obviously much better suited to answer your questions, but this strikes me as too much of the tail wagging the dog (just wondering what kind of apology will be enough and if more will be added to Dad's tab over time so he can never satisfy this), but if your husband can get into counseling ASAP and daughter also *AND* with joint visits (even though DD has said "no" to that), I'd want to get moving on that ASAP with a goal of reunification. The problem I see in what you've posted so far is that there appears currently to be no such goal. Is that not the GAL's interests in this case?
 

LdiJ

Senior Member
What is "all he has done" that DD wants an apology for? Ohiogal's obviously much better suited to answer your questions, but this strikes me as too much of the tail wagging the dog (just wondering what kind of apology will be enough and if more will be added to Dad's tab over time so he can never satisfy this), but if your husband can get into counseling ASAP and daughter also *AND* with joint visits (even though DD has said "no" to that), I'd want to get moving on that ASAP with a goal of reunification. The problem I see in what you've posted so far is that there appears currently to be no such goal. Is that not the GAL's interests in this case?
There is a backstory here...but I can't find it in any of the OP's threads, or under the name that OP previously used.

I think that there was an altercation between dad and the child one time when dad had been drinking. However if I am mixing this poster up with another one, then I apologize.
 

SMinNJ

Member
What is "all he has done" that DD wants an apology for? Ohiogal's obviously much better suited to answer your questions, but this strikes me as too much of the tail wagging the dog (just wondering what kind of apology will be enough and if more will be added to Dad's tab over time so he can never satisfy this), but if your husband can get into counseling ASAP and daughter also *AND* with joint visits (even though DD has said "no" to that), I'd want to get moving on that ASAP with a goal of reunification. The problem I see in what you've posted so far is that there appears currently to be no such goal. Is that not the GAL's interests in this case?
Child claims in the evaluation that dad does not validate her emotions. She says that he coerced her into being baptized when she wasn't ready. She says she feels emotionally maniuplated by dad. She says he forced her into seeing me as a mom.

This is all the evaluation says about what she has said. They saw each other for 20 minutes during the evaluation, and the only thing she talked about then was that he doesn't let her have her own opinion, particularly regarding a falling out that we have had with his side of the family, and that she thinks he is wrong about that.

Mom has been taking the child to see dad's side of the family, and the child frequently told him how uncomfortable this made her because she had heard both mom and his side of the family making negative remarks about each other and she didn't know how they could just smile and pretend to get along when they clearly didn't like each other. She also had indicated that she didn't want to see them, partly in defense of the fact that they refused to mend fences with dad so that they could finally meet her baby brother (child of dad and me). She said she felt put in the middle because they would ask all sorts of questions about what the baby looked like and what dad was doing.

Evaluator agrees that dad has a strict moral demeanor and that he tends to read motives and make judgments about people which are erroneous. He stated that dad was passive aggressive with a strong ability to handle stress but once stress gets too high, there is a possibility for an angry outburst. He also indicated a leaning towards narcissism. He claims that dad's preference to stand rather than sit is a method of control used to intimidate people, most notably mom who was in the waiting room while dad and child met. He states that dad projects all of his anger onto the child and has a strong ability to have antisocial thinking and behavior. He says that the child's self esteem is affected but there is no severe depression.

He says that both child and dad are extremely intelligent. He says dad is charming and charismatic too... I knew I married him for a reason :)

Eval's recommendations were that dad and child should each enter into counseling. Mom's position is that this should happen and that since the prognosis for an adult with narcissism is low, she will not consent to any parenting time or communication between child and dad. She also states that child has suffered significant harm and needs time to rebuild her confidence and heal from the emotional abuse.

Child says doesn't want any contact with dad until after he's undergone therapy. She also wnats her on counseling. Until she develops trust w/a counselor, she wants no counseling with dad, and that the apology, etc. need to come before any reinstatement of contact.

Dad has been asking for 8 months for "anecdotes" of what he does to her that is wrong... including when the child claimed that the abuse was continuing during the phone calls. No one will give them. The GAL makes references about "given your behavior in the past" without ever providing a further explanation of what behavior was so reprehensible. This is one of the problems with defending this case - since there have not been concrete examples of what he does wrong, he has trouble agree to stop doing it.

Mom consistently has refused to keep the child in counseling when ordered. Each time she goes to file a motion, she has the child talk to a therapist so she can get a letter for court saying how terrible dad is, and the therapy lasts a couple weeks or months and then ends until next time, when she claims that she thought everything was better, but then... Child hasn't been in counseling since September at this point. Dad has no faith that mom will keep child in counseling long enough for reunification to happen.

Dad's requests were individual and joint counseling for dad and child, joint counseling with mom and dad alone, short supervised visits working up to short unsupervised visits, weekly phone calls, and monthly status calls.

You are right - the evaluator gave no goal of reunification at all. Just that each of them needed individual counseling and that they have trouble communicating.
 

SMinNJ

Member
There is a backstory here...but I can't find it in any of the OP's threads, or under the name that OP previously used.

I think that there was an altercation between dad and the child one time when dad had been drinking. However if I am mixing this poster up with another one, then I apologize.
No altercation, no drinking... I'll dig up the link for the backstory... but you are right, I posted the original story long and drawn out as ncpdad before I understood this board's ettiquette.
 

stealth2

Under the Radar Member
The GAL himself made no recommendations and gave no position, simply repeated what the child says she wants. <snip> In the GAL's representation of her opinion, she says that she wants dad to go to counseling, as the eval recommends, and that she wants to go to counseling (as recommended, and as dad has been fighting to get mom to do for five months now), but that she wants no joint counseling with dad and no parenting time until he goes to counseling, accepts and admits his role for all he has done, and apologize to her.
So... it sounds as though the GAL discussed his/her interpretation of the child's wishes with the child. And this is wrong because..... why?

It really does NOT sound as though the GAL discussed anything inappropriate with the child.
 

LdiJ

Senior Member
Evaluator agrees that dad has a strict moral demeanor and that he tends to read motives and make judgments about people which are erroneous. He stated that dad was passive aggressive with a strong ability to handle stress but once stress gets too high, there is a possibility for an angry outburst. He also indicated a leaning towards narcissism. He claims that dad's preference to stand rather than sit is a method of control used to intimidate people, most notably mom who was in the waiting room while dad and child met. He states that dad projects all of his anger onto the child and has a strong ability to have antisocial thinking and behavior. He says that the child's self esteem is affected but there is no severe depression.

He says that both child and dad are extremely intelligent. He says dad is charming and charismatic too... I knew I married him for a reason :)
I bet that if you really wanted to you could probably come up with concrete examples yourself of instances that fall within what this evaluator is saying...to help dad understand.

If the evaluator is correct about dad, then you will likely see the same problems arising when your own child reaches adolescence, therefore its in everyone's best interest for dad to try to get a handle on this.
 

SMinNJ

Member
So... it sounds as though the GAL discussed his/her interpretation of the child's wishes with the child. And this is wrong because..... why?

It really does NOT sound as though the GAL discussed anything inappropriate with the child.
Ok, we're clearly seeing it wrong. It sounded like, to us, that the GAL discussed the entire evaluation with the child, which could be damaging to the relationship, particularly since there were items in the evaluation which dad wished to refute (namely a descriptor of a leaning towards narcissism and the negative connotation that antisocial behavior or thinking can have).

The GAL should discuss with the child what the child wants. The concern was a non-psychologist giving a 13 year old his interpretation of what a psychological evaluation said.

But I think the consensus is that we're wrong... which is cool - it happens from time to time.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top