How do you impeach an evaluator or GAL?

[NC Mom in Indy]

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

I have seen references in several posts where someone said a GAL or evaluator's recommendation could be thrown out if they were impeached by counsel. How does this process work? Does counsel have to say they wish to impeach the Evaluator and then there is a seperate hearing? Is it part of the same hearing?

I have looked it up, and I am not findig anything that really tells me hom the impeachment process works in a court of law.

Thanks.

 

[LdiJ]

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

I have seen references in several posts where someone said a GAL or evaluator's recommendation could be thrown out if they were impeached by counsel. How does this process work? Does counsel have to say they wish to impeach the Evaluator and then there is a seperate hearing? Is it part of the same hearing?

I have looked it up, and I am not findig anything that really tells me hom the impeachment process works in a court of law.

Thanks.

You are taking the word "impeach" too literally. What that means is that the attorney would have to prove (in court) that the GAL or evaluator did not properly do their job or did not come to proper conclusions based on the evidence.

 

[Isis1]

You are taking the word "impeach" too literally. What that means is that the attorney would have to prove (in court) that the GAL or evaluator did not properly do their job or did not come to proper conclusions based on the evidence.

actually, thank you for clearing that up. i found your comment on the other thread quite interesting. and wasn't sure how to ask without hogging someone else's thread.

 

[EarthMother01]

It happened in one of the many cases my ex brought before the court. The GAL made a recommendation based only on the accusations, inferences and innuendo made by my ex that evidence proved beyond any doubt was false. The GAL's recommendation was based soley on my ex's accusations.

Within a month, this GAL was forced to resign his post, and retired from law altogether.

 

[NC Mom in Indy]

Interesting. My attorney proved that the evaluator and GAL did not do their jobs. Nothing was done. They were released, but the judge followed their recommendations. It was proven that the evaluator had evidence that my ex was guilty of the DV (in addition to the facts that he pled guilty, was sentenced, and admitted it on court prior). The evaluator actually wrote in her report that ex was not violent. She wrote in her report that he reported I was violent! She also made statements as did the GAL that ex did not commit the DV, that I lied.

It's too late now, but I know that our case greatly hurt the GAL's practice. She lost her appeal. The judge said that due to her actions she would think twice before ever appointing her as a GAL again.

I gues there are good GAL's who do their jobs, and then there are bad GAL's who try to bill for the most hours, and really don't care about the child's welfare. Too bad I got the later of the 2.

 

[WillingToFight]

Interesting...

I had a similar situation, but my kids' attorney was not appointed as a GAL. She tried to act like one, however by making "recommendations" when she was not appointed to make them. She attempted to use hearsay based on allegations made by my ex and when my attorney filed a motion to disallow hearsay, she made a huff and dragged my kids into the court house. I asked many times if she could be removed. She never did any sort of investigation, including making a visit to either paren'ts home.

I wish I knew how to pull her off the case because I felt she was throwing my kids into the middle, rather than protecting them from it. My first attorney thought the same and also felt that she aligned with my ex and his counsel.