Maine - Child Custody - An appeal to Maine's Supreme Court: Dalton Vs. Dalton CUM-13-521

It isn’t often that most people have a chance to read an actual divorce and custody story that is being appealed to Maine’s Supreme Court, as we write this.  Child custody appeals are relatively rare. Most people, who might wish to appeal, are intimidated by the process; many are discouraged by lawyers, who don’t wish to offend a lower court judge by asking a higher court to intervene and correct a decision. Then, there is the huge amount of work involved and the not inconsiderable expense.

The process starts with a heartfelt disagreement with a lower court judgment and with the handling of the law in that court. It requires courage to challenge a family court judgment. It also always embodies a determined love of one’s child (children). In effect the appellant is very publicly saying - but in polite legal language - to the court, “You are dead wrong!  Your judgment is not only unfair but badly arrived at. The tools you are using and the reasoning process are seriously defective!  I strongly protest!”  How a skilled attorney approaches this problem and chooses the most important issues out of a welter of possible “plots, subplots and very involved stories” is a matter of legal judgment. Most of us, as parents and family would get lost in a morass of the details that go into a custody fight. The enclosed brief of this particular case demonstrates the vitally necessary partnership between lawyer and client. It is a union of “heart and courage” and ”head” - the level, focused intellectual crafting of the case essentials by a lawyer. It will be, I guarantee you, a most interesting and informative “read”.

We’ve been hearing from family members some of the unbelievable details of this case, Dalton vs Dalton, for just over a year. We have held our breath each time there has been a court hearing, hoping for fairness, for a reasonable turn of events, for a review of hard facts and for correction of a frightening nightmare of misperception being acted out in court. But the process seemed only to get worse as time went on. The extreme and inaccurate views of the court and a Guardian ad litem have, unfortunately, become ever more rigidly entrenched. Hence, the difficult decision to appeal.

We have to say, in no way to diminish this very troubling case, that from our experience with many other friends, the clumsy handling of this case in this court is, unfortunately, by no means unique. This case is a poster child for other very similar cases, and it is an urgent clarion call for urgently needed Family Court Reform in Maine. Like most Family Courts in America today, Maine’s courts are in the views of many, badly broken, dysfunctional and urgently in need of reconceptualization and reconstruction. They have lost their moorings in the law, and they are cruelly hurting many of the families and children that they are supposed to serve.

Please, read the enclosed pdf with the details of the Supreme Court Appeal and see what you think.  By all means, share it with friends and legal professionals.  Ask the questions: “Is this how our courts should function?  Is this your image of what you would expect from a court in a democratic society?”

Finally, who is in charge, where’s the oversight?

To view the case click on the link - Dalton Vs. Dalton CUM-13-521

For more information please contact NationalGALalert@gmail.com or find us on Facebook

Women wage campaign to impeach New Jersey judge Paul Escandon

It begs the question of who is providing oversight of the judges - in any state? The public and consumers of any state Judicial Branch are fed the same hash that everything is under control. Or is it? How do we know as a people, as a society that those who should be doling out justice are doing so in a way that is fair and by the law. How do we know that judges have oversight and accountability. That they are being managed? We don't. We have been brought up to trust a system that in many areas is corrupt and has no interest in making sure the system is working the way it is supposed to.

These women are proving just that. One of the women was upset and vented which led to other women connecting. Patterns start to emerge. While this case does not directly relate to a Guardian ad litem it does make one think about whether or not the people who are "managing" Guardians ad litem are themselves being managed. If there is no management of anyone in our courts then how do we know that there are no problems? We don't and neither do our courts.

ABC News

 MONMOUTH CO., N.J. (WABC) -- A group of women who say they've been discriminated against by a judge in Monmouth County, New Jersey are now trying to get him impeached. They've filed a petition with the state assembly to have the judge removed.

What's interesting is the role that social media has had in bringing these women together to share their stories. It started with one mother who thought she was alone in her legal battle with Judge Paul Escandon, but she discovered there are dozens with similar experiences.

"All of a sudden, one day I was his mother and the next day I had fewer rights than a babysitter on the street," Rachel Alitoff said.

Full story and video: ABC News

Rachel Alitoff blog on Judge Paul Escandon


If you have had issues with a Guardian ad litem we would encourage you to contact us at NationalGALalert.com or comment here. We can also be found on Facebook.

Because there is no oversight of the Guardian ad litem system - we are conducting two surveys on the cost and performance of Guardians ad litem. We encourage anyone who has worked with a Guardian ad litem to take one or both.