GAL Misconduct

[meghamann]

What is the name of your state (only U.S. law)? WI

Recently I found out that the GAL has not read 14 emails that was sent to her throughout the course of the case. She did not know that I had read receipt on them and just recently received an email for all 14 stating they were deleted without being read. Some of the emails date back a year.

I also was informed that things she said in court were not true. She told the judge one of my sons told her he wanted to live with his dad and he never even spoke with her. She also stated that the police officer she was going to have testify said he spoke with me and I was the difficult one. I never even had one conversation with the police officer and that same officer, after court, was at the father's house attending a birthday party for one of our sons. The police in the city have known the father since he was very very young.

Are any of these things grounds to file a grievance against the GAL or no? How can she make a decision while only listening to one parent and one child as well as police officers who are good friends of the family and not taking into consideration anything else the other parent presents or has concerns about? The case is still going on and we are set to be in court very soon.

Thanks in advance.

 

[Mass_Shyster]

Recently I found out that the GAL has not read 14 emails that was sent to her throughout the course of the case. She did not know that I had read receipt on them and just recently received an email for all 14 stating they were deleted without being read. Some of the emails date back a year.

Read receipt requests are notoriously unreliable. Unless you are both on the same email system, it's not possible to hide a read receipt request. If you don't "open" the message, but read it in "preview" mode, the email client (Outlook) may send a "deleted without being read" message, when in fact the message has been sent.

There are a host of other ways a read receipt can fail.

 

[Ohiogal]

What is the name of your state (only U.S. law)? WI

Recently I found out that the GAL has not read 14 emails that was sent to her throughout the course of the case. She did not know that I had read receipt on them and just recently received an email for all 14 stating they were deleted without being read. Some of the emails date back a year.

I also was informed that things she said in court were not true. She told the judge one of my sons told her he wanted to live with his dad and he never even spoke with her. She also stated that the police officer she was going to have testify said he spoke with me and I was the difficult one. I never even had one conversation with the police officer and that same officer, after court, was at the father's house attending a birthday party for one of our sons. The police in the city have known the father since he was very very young.

Are any of these things grounds to file a grievance against the GAL or no? How can she make a decision while only listening to one parent and one child as well as police officers who are good friends of the family and not taking into consideration anything else the other parent presents or has concerns about? The case is still going on and we are set to be in court very soon.

Thanks in advance.

Have your attorney cross examine her on the stand and attempt to bring out the perceived bias.

How do you know she is not listening to you?

 

[meghamann]

I get no responses from the emails I have sent her but then the father, when speaking to me, brings up the exact things I have emailed the GAL. She doesn't return phone calls. Our son called her and left a message telling her that he would email her as well (through a website Empower your shared custody. - The OurFamilyWizard website) she never called back or read his email.(it tells you when it is read and when person last logged in) After almost 3 months of my son trying to contact her, me emailing her, my lawyer emailing her my son couldnt take anymore and went to the school counselor as I suggested and spoke to her. The counselor got a hold of the GAL and she is finally meeting with him.

3 months though it took. Is this normal since you are a GAL? Our son is being very rebellious right now. Not turning homework in, (12 assignments not turned in first 2 weeks of school). I am worried what he will do next to get someone's attention. He has threatened suicide before and I am at my wits end as to what to do. That is why when I spoke with him yesterday and he was bawling on the phone I told him to speak to the counselor again today to get his emotions out. I am really sad for him and heartbroken I can't do anything for him, and find myself blaming the GAL partially for not listening.

 

[Ohiogal]

I get no responses from the emails I have sent her but then the father, when speaking to me, brings up the exact things I have emailed the GAL. She doesn't return phone calls. Our son called her and left a message telling her that he would email her as well (through a website Empower your shared custody. - The OurFamilyWizard website) she never called back or read his email.(it tells you when it is read and when person last logged in) After almost 3 months of my son trying to contact her, me emailing her, my lawyer emailing her my son couldnt take anymore and went to the school counselor as I suggested and spoke to her. The counselor got a hold of the GAL and she is finally meeting with him.

3 months though it took. Is this normal since you are a GAL? Our son is being very rebellious right now. Not turning homework in, (12 assignments not turned in first 2 weeks of school). I am worried what he will do next to get someone's attention. He has threatened suicide before and I am at my wits end as to what to do. That is why when I spoke with him yesterday and he was bawling on the phone I told him to speak to the counselor again today to get his emotions out. I am really sad for him and heartbroken I can't do anything for him, and find myself blaming the GAL partially for not listening.

No it is not normal to wait three months to hear from a GAL IF there is an active case. Don't blame the GAL for your son's behavior. Get your son in actual counseling (file for an emergency order if need be). The GAL may be listening or may not be. But don't jump to conclusions. I "open" no email though I read all emails I receive. Nor do I go to websites such as ourfamilywizard that require memberships to talk to clients.

 

[meghamann]

Yes there is an active case. I am not blaming her for my son's behavior at all. I told him he needs to do his homework. I have offered to go and meet him at the library and help but his father says it isn't my day so no and the father doesn't help then either. Some things he is not understanding and needs help with. The father will not sign him up for counseling or anything else for that matter to help him either. I only get him right now every other weekend so I can't do it because there is nothing available, that I have found, on the weekends.

The GAL doesn't need a membership to go to the website. Lawyers can be added by the clients at no charge which we were instructed to do so she and anyone else added can see what kind of communicating the father and I have done because it is poor.

Our son has had problems since the beginning, emotional, shutting down, not wanting to talk and when he did talk she didn't listen and just took everything his brother said as what he wanted also. So now he is acting out to get anyone and everyone to listen to him because he is very very miserable.

Thanks for your help. I will wait to see what happens with the meeting on Monday and determine if I should file an emergency motion. I am just sick to my stomach that everything has to go through court in order to help my kids. It takes so much time and they just get worse and worse in the process.

 

[mistoffolees]

I get no responses from the emails I have sent her but then the father, when speaking to me, brings up the exact things I have emailed the GAL.

That suggests that GAL is reading your email and discussing it with Dad - so your argument that he/she isn't reading your emails isn't valid.

Of course, that raises OTHER questions of bias.

 

[BL]

I find it rather interesting and disturbing that you mention the GAL has never talked to " him " . I interpreted that to mean a child involved . I may be wrong .

OG covered that as it's your attorney's job also bring up discrepancies in court .

While Judges usually side with GAL's recommendations ,it may not always be the case.

 

[birdbrain53]

What is the name of your state (only U.S. law)? WI

Recently I found out that the GAL has not read 14 emails that was sent to her throughout the course of the case. She did not know that I had read receipt on them and just recently received an email for all 14 stating they were deleted without being read. Some of the emails date back a year.

I also was informed that things she said in court were not true. She told the judge one of my sons told her he wanted to live with his dad and he never even spoke with her. She also stated that the police officer she was going to have testify said he spoke with me and I was the difficult one. I never even had one conversation with the police officer and that same officer, after court, was at the father's house attending a birthday party for one of our sons. The police in the city have known the father since he was very very young.

Are any of these things grounds to file a grievance against the GAL or no? How can she make a decision while only listening to one parent and one child as well as police officers who are good friends of the family and not taking into consideration anything else the other parent presents or has concerns about? The case is still going on and we are set to be in court very soon.

Thanks in advance.

Read receipt? Are you talking about using read.notify to track the emails? If so, I think the tracking receipts can be presented in court. Disclaimer: court in California.

My sister uses read.notify or other email tracking software because there is a similar situation where the Special Master ONLY reads her Ex's emails. She sends an email to the Ex and copies the SM. Ex reads her email, SM doesn't. Then Ex forwards her email to the SM, who then reads it with whatever comments Ex makes.

 

[meghamann]

Update and Question?

GAL met with our son and she sent an email saying that if our son does well in school and turns in homework, be good with his father and brother, and be a good son, that she will work on getting him to be able to spend more time with me (his mother) and his other siblings.

He is very unhappy right now where he is and he told her this and this is the deal she makes with him? So what she can go back to court and see look he is behaving well now so he doesn't need to spend more time with his mom? I am considered a reward? Is she able to do this? How old does he have to be before he can decide himself? He is 13 his older brother was 13 when he said he wanted to live with his father and it stuck.

 

[mistoffolees]

Update and Question?

GAL met with our son and she sent an email saying that if our son does well in school and turns in homework, be good with his father and brother, and be a good son, that she will work on getting him to be able to spend more time with me (his mother) and his other siblings.

He is very unhappy right now where he is and he told her this and this is the deal she makes with him? So what she can go back to court and see look he is behaving well now so he doesn't need to spend more time with his mom? I am considered a reward? Is she able to do this? How old does he have to be before he can decide himself? He is 13 his older brother was 13 when he said he wanted to live with his father and it stuck.

When he's 18 he can decide where to live.

His opinion MIGHT be listened to earlier, depending on the judge and the state.

Bottom line is that the GAL did his job and you have a decision. I'm certainly not going to second guess why he decided as he did.

 

[Ohiogal]

Update and Question?

GAL met with our son and she sent an email saying that if our son does well in school and turns in homework, be good with his father and brother, and be a good son, that she will work on getting him to be able to spend more time with me (his mother) and his other siblings.

He is very unhappy right now where he is and he told her this and this is the deal she makes with him? So what she can go back to court and see look he is behaving well now so he doesn't need to spend more time with his mom? I am considered a reward? Is she able to do this? How old does he have to be before he can decide himself? He is 13 his older brother was 13 when he said he wanted to live with his father and it stuck.

So your son should be rewarded for NOT doing well in school and turning in homework and not behaving when with his father and brother by having more time with you?

I may not agree with what the GAL stated but do you see how your son may be manipulating things?

 

[stealth2]

What is the name of your state (only U.S. law)? WI

Recently I found out that the GAL has not read 14 emails that was sent to her throughout the course of the case. She did not know that I had read receipt on them and just recently received an email for all 14 stating they were deleted without being read. Some of the emails date back a year.

How is it that some of these emails go back a year, and you only just recently figured out the GAL hasn't read them?

His opinion MIGHT be listened to earlier, depending on the judge and the state.

And depending on his level of maturity. Frankly, a kid who decides not doing homework is a way to get listened to isn't mature enough to be listened to. IMO.