Monday, May 25, 2015

MN - An Opportunity for the Public to Comment and Provide Feedback to the Minnesota State GAL Board

URGENT UPDATE - This is an important opportunity for the public to provide input to the Minnesota State GAL Board. A group of concerned parents has been fighting for reform, and specifically asked to improve the complaint procedure so when you file a complaint against a Guardian it is actually heard and investigated. The Board responded and has published a draft of the proposed changes to the complaint procedure: 

http://mn.gov/guardian-ad-litem/Notices/

You can submit feedback to Program Admin Suzanne Alliegro via instructions on the site. OR you can contact this group of parents, and work together with them to give feedback. They may offer public comment at the next GAL Board meeting.

E-mail: victimsofmanning@hotmail.com

OR

https://acalltoactionblog.wordpress.com/

Friday, April 10, 2015

OH - Lorain attorney who worked as court-appointed child advocate charged with downloading child porn

The real issue is that this Guardian ad litem (GAL) is a court appointed officer. Someone who is backed backed by the court system. What does it say for the court system if it is endorsing this person. What kind of damage did this person do. Awhile ago we heard of a case where the GAL told a parent that he was going to have a weekend sleepover with her son. Mind you the GAL was in his late 50s and the child was 8 at the time. The mother fought in court and was coerced into allowing the sleepover to happen. The first time I heard this story my skin crawled and the thought which entered my mind is child porn.  Did it happen? In light of this case maybe it did. The fact of the matter is that our courts who we trust and entrust with our children's lives are ill prepared to deal with issues like the story we have here about a GAL.

Cleveland.com

CLEVELAND, Ohio -- A fixture of Lorain County Domestic Relations Court who often worked with children in divorce and delinquency cases is facing a federal child pornography charge.

James Paterson, 49, admitted to an FBI agent in a March 30 interview that he had between 500 and 1,000 images and 200 videos of child pornography on his computer, according to a criminal complaint filed Tuesday. He also admitted to posting comments on websites where he claimed he was a pedophile and sexually abused children, though he also said he never abused any children.

Paterson, who lives in Lorain, was also a member of a website where users can download child porn. A search on his computer found images of children -- some less than a year old -- being sexually abused, the complaint says.

Paterson worked as a guardian ad litem -- a position appointed by a judge in custody, divorce and juvenile cases to advocate on behalf of a child. He started taking cases in February 2013, according to Jody Barilla, Lorain County Domestic Relations Court's administrator.

He represented 21 children between then and Tuesday, Barilla said, and judges removed him from four pending cases once they received word of the criminal case against him.

She said he passed a background check conducted by the local court.

At the time of his arrest, Paterson also had a law practice based out of his house.

Full story: Cleveland.com

If you are involved in a divorce/ custody do not take for granted that the Guardian ad litem is pure as the driven snow.

Sunday, February 22, 2015

Maine - Management by Crisis - The Judicial Branch and Financial Shortfall 2015

Last week we had a sudden change to the Judiciary Committee schedule. The Judicial Branch was making a presentation to the Judiciary Committee for a supplemental budget of $1M to get through to July 2015. This is not the first time the Judicial Branch has gone back to the till at the last minute with hands out asking for more.

Most organizations have a budget to work with and it they miss the budget.... well there is trouble. The organization either fails or they look into why they have a shortfall and change to accommodate. As an individual it is the same thing. You anticipate what your expenses are for the upcoming month based on what you paid out in the past

When asked about the shortfall and why the Judicial Branch has a shortfall.... again - the spokesperson for the Judicial Branch answered "I don't know why".

Which should come as no surprise to anyone. Here we have an organization full of lawyers being run by lawyers . About the only thing that lawyers can do well and with efficiency is bill for services.

It might be time for the Judiciary to hire people who are professional managers and get past the management by crisis that we see year after year. Who can look at how things are run within the branch and bring efficiencies to the organization. Who would be able to say why there is a shortfall and make sure the Judicial Branch does not go back to the till again... and again with out held hands.

The management by crisis is but a symptom of a far greater problem that has infected the court system. We have seen it with the Guardian ad litem crisis and have seen it with the Family Courts. Our system of justice is crumbling down around us.

Support Family Court reform by contacting us at NatGAL at NationalGALalert@gmail.com or finding us on Facebook.

Wednesday, December 31, 2014

Ireland - Child guardians get €200k from agency

If you think that the United States is the only place where they have issues with Family Courts and Guardians ad litem - think again. Canada, The United Kingdom, Australia, New Zealand and Ireland. This story comes to us from the emerald island. The article points out - any person can claim to be a guardian ad litem; that the system is ‘chaotic’ and a ‘free for all’. Nothing new here for those who have had the mis-fortune of a malpracticed Guardian ad litem. Surprisingly reform is being called for by an agency that has 32 Guardians ad litem working.

Irish Examiner

Nine firms and individuals acting as guardians to children in childcare court proceedings have received sums over €200,000 each from the Child and Family Agency this year.

Figures released by Tusla, the Child and Family Agency, show that, to the end of November this year, €6.76m has been paid to guardian ad litems — court appointees who act as independent voices for children in family law cases.

The 2014 figure compares to guardian ad litems receiving €7.18m in 2013.

In response to a freedom of information request, the figures show the largest provider or guardian ad litems services in the country, Barnardos-Beacon, this year received just over €3m for the service it provides.

Full story: Irish Examiner


Sunday, December 14, 2014

Georgia - Who guards the guardians?

Change the name of the state and this article can be applied to anywhere in the country. There are some great lines - especially towards the end of the article. Please note that you may have to answer a survey (1 question) in order to read the whole article.

The Augusta Chronicle

Are guardians ad litem indispensable legal advocates, or court-sanctioned opportunists out for a buck?

It can be hard to tell based on how some guardians are conducting themselves in domestic-relations cases in the Augusta Judicial Circuit.

A recent review of more than 5,000 cases by The Augusta Chronicle revealed a concerning number of instances where GALs submitted questionable invoices with little or no supporting documentation to litigants in divorce and child-custody matters.

And at a minimum rate of $65 an hour, it doesn’t take long for their court-ordered services to generate hundreds – sometimes thousands – of dollars in non-negotiable fees for families by the time their cases are resolved in Richmond and Columbia counties.

To make matters worse, some of the GALs most commonly appointed by local judges appear to be padding invoices by charging for visits and phone calls they never made. One father, for example, said his GAL, Janet Weinberger, handed him a $1,400 bill that included a $26 charge for a field visit to his daughter’s elementary school that there’s no evidence of, and a $65 phone call that appears to never have been made.

In most lines of work, such practices wouldn’t be tolerated, and might even be punished.

Worse yet, divorcing parents have reported that guardians ad litem were quite heavy-handed in collecting payment, giving very little time and no leeway for strapped budgets.

In short, the poorly regulated guardian ad litem program seems to be adding unnecessary stress to the divorce process in Augusta.

Full story: The Augusta Chronicle

Friday, December 5, 2014

Georgia - What did judges know about guardian ad litem issues?

This should not come as a surprise that judges - people whom many of us were taught to show respect for the position they hold. Have complaints filed against them. In Georgia - a state that has huge problems with their family courts - we have a situation where a judge (Daniel Craig) is being investigated

AUGUSTA, GA - Fox 6 WBRC

We're following up on complaints against guardians ad litem in the Augusta Judicial Circuit, including those made against former magistrate judge Doug Nelson and longtime guardian Janet Weinberger.

We now know the Judicial Qualifications Committee is investigating what superior court judge Daniel Craig may have know about complaints against Nelson. The JQC annual report said in 2013, 75% of complaints against Georgia judges were rejected. But a letter from the JQC shows they are looking into these cases.

After hearing the JQC was getting involved – we wanted to know what the superior court judges who appoint and control these guardians know about the complaints?

Judge Daniel Craig presided over multiple cases in which mothers revealed to WFXG accusations that Doug Nelson was inappropriate with them while working on their cases.

Nelson has denied all allegations of wrong-doing.

Full story: Fox 6 WBRC

Monday, June 30, 2014

National - According to Family Court - Field Trip to Bar Late at Night is Good for Child

File this under lack of Common Sense within the Family Court System -

As a parent if your four year old child came to you and told you she was scared of being in a situation your ex put her in what would you do? If your child was taken to an adult environment, a bar, late at night where there was loud music, alcohol and intoxicated adults involved. What would you do?  Would it make a difference if you were involved in a divorce and custody battle? It might.

Most parents would try to take some kind of protective action for their child. If a Guardian ad litem was involved – you would complain to them; after all, that is what they are put in place for. Clearly a child (no matter what the age) being put into an inappropriate adult situation is not in the child’s best interest. Nor does the child feel emotionally safe in these situations. Common sense would dictate that this child (or any child) should be protected and removed from this situation or environment.

The child in question told her father that she felt scared being in the bars to which she was taken by her mother. She witnessed fights and yelling, and her mom's boyfriend being pushed around. “Bad words” were often being said between people. When the father brought this to the Guardian ad litem's attention (the person who is supposed to be looking out for the best interest of this child) – the Guardian ad litem stated that the father simply did not trust that his four year old daughter was in good hands. The father, concerned for his daughters safety, continued to make his point and express his concern. His concern was not taken seriously by the Guardian ad litem. Instead of investigating whether or not the situation of a child’s late night visit to bars was good for the child, this Guardian ad litem continued to blame the father for trying to cause trouble.

How are we to believe, as this Guardian ad litem and the Judge would seem to be doing, that this little girl's 'best interest' was served by late night visits to bars that she found frightening? What about the child's emotional  safety? Is this kind of place a good moral environment for children? To say the least of what this child is learning from the experience? We would say that common sense was not used by the child’s mother nor by the Guardian ad litem for that matter. Sadly, this type of poor judgment is frequently seen with quite a number of Guardians ad litem in the State of Maine. Examples like this are the reason why there is now - and has been - a very real need for Guardian ad litem and Family Court reform.

NationalGALert is a grassroots organization dedicated to supporting parents who have been abused by the family court system. In addition we educate and promote reform through legislation - both here in Maine as well as nationally. We would encourage you to contact us at NationalGALalert@gmail.com and tell us your story. In addition we may be found on Facebook.

The Power of the Powerless - 2012 by MeGALert

Family Court Survey - We want your opinion regarding the experience you had in Family Court.