Could someone clarify this

[cmykds]

What is the name of your state? WI

I found this paragraph in a document titled:

HOUSE BILL REPORT SSB 6217

As Reported By House Committee On:
Law & Justice

Could someone clarify what this means exactly in layman's terms...

GALs are prohibited from engaging in ex parte communications with any
judicial officer regarding the matter for which the GAL is appointed
unless approved. The court may remove a GAL that violates this
prohibition from a pending case or the rotational registry. If the GAL is
removed, the court may require the GAL to forfeit any fees claimed on
pending cases.

 

[LdiJ]

What is the name of your state? WI

I found this paragraph in a document titled:

HOUSE BILL REPORT SSB 6217

As Reported By House Committee On:
Law & Justice

Could someone clarify what this means exactly in layman's terms...

GALs are prohibited from engaging in ex parte communications with any
judicial officer regarding the matter for which the GAL is appointed
unless approved. The court may remove a GAL that violates this
prohibition from a pending case or the rotational registry. If the GAL is
removed, the court may require the GAL to forfeit any fees claimed on
pending cases.

This means that the GAL isn't allowed to have any ex-parte communication with the judge.
That means that the GAL can only communicate with the judge 1) In writing with copies to the parties to the case, 2) In court with the parties present, or 3) In chambers with both attorneys present.

However, this is a "bill" which doesn't necessarily mean that it is law yet, or that it will even become law.

 

[weenor]

This means that the GAL isn't allowed to have any ex-parte communication with the judge.
That means that the GAL can only communicate with the judge 1) In writing with copies to the parties to the case, 2) In court with the parties present, or 3) In chambers with both attorneys present.

However, this is a "bill" which doesn't necessarily mean that it is law yet, or that it will even become law.

Even so most appellate courts would rule that such communications are not permitted under the ethics rules.

 

[cmykds]

So can a GAL file an ex-parte order granting joint custody and placement times?? Without notifying the parties until after the fact.

 

[LdiJ]

So can a GAL file an ex-parte order granting joint custody and placement times?? Without notifying the parties until after the fact.

A GAL can't file an order at all. All the GAL can do is make a recommendation to the judge**************.perhaps an emergency recommendation in conjunction with an ex-parte action by one of the parents.

When a GAL makes a report to a judge, that same report is made to the parties. That isn't "after the fact" even though the judge may see the report first.

 

[cmykds]

A GAL can't file an order at all. All the GAL can do is make a recommendation to the judge**************.perhaps an emergency recommendation in conjunction with an ex-parte action by one of the parents.

When a GAL makes a report to a judge, that same report is made to the parties. That isn't "after the fact" even though the judge may see the report first.

So they can't just do it on there own?? The other parent didn't file anything at all it was the GAL only... I received a phone call on Friday afternoon from the GAL stating she filed an ex-parte order and it was signed and she would be mailing me the copy. I don't understand how you can try to come up with an agreement and if one party doesn't agree that she can just make it an order anyway without all parties going before the judge.

Previosly I had an ex parte order granting me sole custody and primary placement my ex had no visitation. We agreed verbally to visitation, but when I received paper work in the mail to sign making it a temp order, it was also agreeing to joint custody, which I don't feel is in the best interest. So I didn't sign. Since there has been domestic abuse with-in my ex's home iwth the past month, I wanted to stop visitation until we appear in front of the judge on July 10th for this and other numerous reasons, PAS, not following telephone schedule, not allowing me contact to my daughter only my son, not returning clothing, lying, etc. So the GAL went and filed this ex-parte order granting joint custody and 50/50 placement and had it signed by another judge (not the judge assigned to our case). Obviously I realize it is possible since it was done but is this with-in her "duties or authority" (for lack of a better word) to do such a thing? I can not afford an attorney, and I feel I'm getting screwed.

Edit: Is there anywhere that you know of where I can get documentation stating a GAL can not do this?

 

[LdiJ]

So they can't just do it on there own?? The other parent didn't file anything at all it was the GAL only...

Previosly I had an ex parte order granting me sole custody and primary placement my ex had no visitation. We agreed verbally to visitation, but when I received paper work in the mail to sign making it a temp order, it was also agreeing to joint custody, which I don't feel is in the best interest. So I didn't sign. Since there has been domestic abuse with-in my ex's home iwth the past month, I wanted to stop visitation until we appear in front of the judge on July 10th for this and other numerous reasons, PAS, not following telephone schedule, not allowing me contact to my daughter only my son, not returning clothing, lying, etc. So the GAL went and filed this ex-parte order granting joint custody and 50/50 placement and had it signed by another judge (not the judge assigned to our case). Obviously I realize it is possible since it was done but is this with-in her "duties or authority" (for lack of a better word) to do such a thing? I can not afford an attorney, and I feel I'm getting screwed.

If you don't have an attorney you probably need to get one, ASAP. An ex-parte order from a judge other than the one assigned to your case is horrendously improper in my opinion.

If there is no way you can get an attorney then I would recommend that you file an immediate motion with the judge handling your case...on an emergency basis...to vacate the ex-parte ruling made by the other judge. I would also recommend asking the judge to remove the GAL from your case.

 

[cmykds]

If you don't have an attorney you probably need to get one, ASAP. An ex-parte order from a judge other than the one assigned to your case is horrendously improper in my opinion.

If there is no way you can get an attorney then I would recommend that you file an immediate motion with the judge handling your case...on an emergency basis...to vacate the ex-parte ruling made by the other judge. I would also recommend asking the judge to remove the GAL from your case.

Thank you for your help!

The order states: ex-parte order granting guardian ad litem interim placement authority until further court order

I have asked this GAL be removed as a result a status conference hearing was scheduled for July 10th, should I wait until them to bring all of this up. Or go file a motion right away?

 

[LdiJ]

Thank you for your help!

The order states: ex-parte order granting guardian ad litem interim placement authority until further court order

I have asked this GAL be removed as a result a status conference hearing was scheduled for July 10th, should I wait until them to bring all of this up. Or go file a motion right away?

I would file a motion right away...but again, in my opinion its REALLY time to get an attorney.

 

[rmet4nzkx]

The language of the proposed code includes to very important words, "if approved" In other words, if the GAL askes permission, a motion, then they can have ex-parte communication. Also remember the GAL represents the children, not either of the parties/parents so your approval of or prior to their motions is not required otherwise they could not do their job representing the childrens best interest without bias.