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.
Sunday, February 22, 2015
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
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
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
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.
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.
Friday, April 18, 2014
Connecticut - Marisa Ringel testimony to Supreme Court
Connecticut has had a string of hearings dealing with Family Court and Guardian ad litem reform. It is much needed there as it is in just about every state in the union. This following is written testimony that was presented to the Supreme Court in Hartford. While this parent speaks specifically to the rules for GALs in that state the general idea is one that can be applied in every court room.
This woman is saying that absent of any abuse or neglect - every parent should have a fundamental right to parent on an equal basis and that no parent should be forced into 'supervised visitation' absent of neglect or abuse. Yet how many parents are forced into that position by a Guardian ad litem or Family Court?
Supreme Court in Hartford
Public Hearing on Rules and Forms
Written Testimony of Marisa Ringel
April 14, 2014
Justices of the Supreme Court and/or Committee of Justices members:
I am hear today to petition the Government for a redress of grievances.
The 14th Amendment clearly states:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
In Stanley V. Illinois, 405 U.S. 645, 651; 92 S.Ct. 1208, (1992), the U.S. Supreme Court stressed:
“The parent-child relationship is an important interest that undeniably warrants deference and, absent a powerful countervailing interest, protection. ..A parent’s interest in the companionship, care, custody and management of his or her children rises to a constitutionally secured right, given the centrality of family life as the focus for personal meaning and responsibility.”
It is my suggestion that the Connecticut Practice Book incorporate these two quotes to open Section 25.
Every parent, absent abuse or neglect, in the Constitution State should have a fundamental equal right to parent their children without the interference of government.
While there is legislative authority granted to provide for various awards of custody in the State of Connecticut, there does not appear to be any specific legislative authority for a judge in the State of Connecticut to force a parent into “supervised visitation” absent abuse or neglect.
Yet, in the family courts of the State of Connecticut, “supervised visitation” is often ordered without any justification that a “child’s welfare” is in danger.
Therefore, I am proposing a new Practice Book Rule 25-70:
“No judicial authority shall have the right to issue an order of supervised visitation without conducting an evidentiary hearing to establish whether there are grounds for an order to show cause that “clear and present danger to the physical/psychological well-being of a child” exists that requires an limited time order of supervised visitation.
No order of supervised visitation shall remain in place for more than three months, without conducting another evidentiary hearing at which any party can call witnesses, including those supervising the visitation, to report to the court on their observations of the parent-child interactions.”
There are reports in Fairfield County of supervised visitation which have been in place for more than two years, in which fees in excess of $20,000 have been paid by a parent to conduct a once a week four hour visitation.
Supervised visitation cannot be seen as a “first option” response from a judicial authority to make parenting time “unaffordable” or a “punitive measure”.
The 1886 Supreme Court decision in Yick Wo v. Hopkins 118 U.S. 356 stated:
“Law and court proceedings that are ‘fair on their faces’ but administered ‘with an evil eye or heavy hand’ was discriminatory and violates the equal protection clause of the Fourteenth Amendment.”
Family courts must provide divorced parent the same rights and obligations of their children as if still married. Otherwise, the court is administrating a criteria in a manner which discriminates against a class of citizens based on “un-married status”.
Such discrimination by the family court judges against any class of citizens who are no longer married would constitute a violation of Title 42, Section 1983.
Each of us who is speaking today, is a victim of orders of “supervised visitation” at the current time or in some past order issued in the family court system in Connecticut.
Each of us has been and has always aspired to be a “fit parent” and have been “humiliated” and “degraded” by a family court judge who has abused their powers in administering family court justice through ordering “supervised visitation” without an order to show cause.
This authority to order supervised visitation has no statutory authority and is therefore an abuse of discretion and must be curtailed.
Marisa Ringel
This woman is saying that absent of any abuse or neglect - every parent should have a fundamental right to parent on an equal basis and that no parent should be forced into 'supervised visitation' absent of neglect or abuse. Yet how many parents are forced into that position by a Guardian ad litem or Family Court?
Supreme Court in Hartford
Public Hearing on Rules and Forms
Written Testimony of Marisa Ringel
April 14, 2014
Justices of the Supreme Court and/or Committee of Justices members:
I am hear today to petition the Government for a redress of grievances.
The 14th Amendment clearly states:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
In Stanley V. Illinois, 405 U.S. 645, 651; 92 S.Ct. 1208, (1992), the U.S. Supreme Court stressed:
“The parent-child relationship is an important interest that undeniably warrants deference and, absent a powerful countervailing interest, protection. ..A parent’s interest in the companionship, care, custody and management of his or her children rises to a constitutionally secured right, given the centrality of family life as the focus for personal meaning and responsibility.”
It is my suggestion that the Connecticut Practice Book incorporate these two quotes to open Section 25.
Every parent, absent abuse or neglect, in the Constitution State should have a fundamental equal right to parent their children without the interference of government.
While there is legislative authority granted to provide for various awards of custody in the State of Connecticut, there does not appear to be any specific legislative authority for a judge in the State of Connecticut to force a parent into “supervised visitation” absent abuse or neglect.
Yet, in the family courts of the State of Connecticut, “supervised visitation” is often ordered without any justification that a “child’s welfare” is in danger.
Therefore, I am proposing a new Practice Book Rule 25-70:
“No judicial authority shall have the right to issue an order of supervised visitation without conducting an evidentiary hearing to establish whether there are grounds for an order to show cause that “clear and present danger to the physical/psychological well-being of a child” exists that requires an limited time order of supervised visitation.
No order of supervised visitation shall remain in place for more than three months, without conducting another evidentiary hearing at which any party can call witnesses, including those supervising the visitation, to report to the court on their observations of the parent-child interactions.”
There are reports in Fairfield County of supervised visitation which have been in place for more than two years, in which fees in excess of $20,000 have been paid by a parent to conduct a once a week four hour visitation.
Supervised visitation cannot be seen as a “first option” response from a judicial authority to make parenting time “unaffordable” or a “punitive measure”.
The 1886 Supreme Court decision in Yick Wo v. Hopkins 118 U.S. 356 stated:
“Law and court proceedings that are ‘fair on their faces’ but administered ‘with an evil eye or heavy hand’ was discriminatory and violates the equal protection clause of the Fourteenth Amendment.”
Family courts must provide divorced parent the same rights and obligations of their children as if still married. Otherwise, the court is administrating a criteria in a manner which discriminates against a class of citizens based on “un-married status”.
Such discrimination by the family court judges against any class of citizens who are no longer married would constitute a violation of Title 42, Section 1983.
Each of us who is speaking today, is a victim of orders of “supervised visitation” at the current time or in some past order issued in the family court system in Connecticut.
Each of us has been and has always aspired to be a “fit parent” and have been “humiliated” and “degraded” by a family court judge who has abused their powers in administering family court justice through ordering “supervised visitation” without an order to show cause.
This authority to order supervised visitation has no statutory authority and is therefore an abuse of discretion and must be curtailed.
Marisa Ringel
Sunday, March 2, 2014
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
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
Subscribe to:
Posts (Atom)