Although we may get hammered by opposing opinions (from Guardians ad litem), someone has to say it. The current standard for child custody decisions, "in the child's best interest," is misleading and ambiguous! It presumes that a Guardian ad litem using this standard has been anointed by God (and the appointing judge) and that the ensuing Guardian ad litem determinations are made objectively and above the contentious fray of a marriage dissolving. It assumes that one person, a Guardian ad litem, can read all of the many tea leaves and read only the child's "best interest" through the tangle of tea leaves at the bottom of the tea cup. It assumes that society will be better for such a ritual and such a formula.
It is wrong. And ... the whole notion of "in the child's best interest" as a court standard is deeply flawed conceptually, factually and legally. It also provides an irrefutable, unarguable weapon for any miscreant Guardian ad litem (or court) who chooses to abuse it. It is the ultimate authoritarian refuge that can be used to preclude any further exploration or discussion of issues. We are aware of reports of numerous abuses of "in the child's best interest". There is the refusal to disclose Guardian ad litem case records, the refusal to provide reasons behind complex, seemingly irrational Guardian ad litem decisions, the refusal to respond to client challenges about regulatory violations, the refusal to identify charges on a Guardians ad litem invoice of charges for service. When challenged for enlightenment, the reply: Open discussion is "Not in the child's best interest!" Sometimes this refusal to share data is reenforced with, "It might be dangerous." End of discussion. Over and out!
This kind of authoritarian claim that a Guardian ad litem, alone, using whatever resources, can determine what is "in the child's best interest", is misleading. The child's wishes may be denied, and parental rights may be ignored. Further there is no way of correcting the actions of a delinquent Guardian ad litem making such highly subjective decisions, other than a very expensive, time consuming, slow moving appeal to a higher court. Don't like it? Take your money and do an appeal to a higher court which created the unsupervised Guardians ad litem in the first place. No wonder there are so few appeals. It is not about a lack of grievances, as some suggest. It is about the lack of money and energy and time to pursue a complex corrective action.
In the hands of a delinquent Guardian ad litem, the idea of "in the child's best interest" can be a devastating weapon that brooks no defense. It implicitly says: "Because I'm the Guardian ad litem, and I say so!" The Guardian ad litem has no place in common law and shouldn't be setting custody standards in court!
Along with 'ex parte' discussions, "in the child's best interest" makes Guardians ad litem virtually bullet proof legally!
If you are having issues with a Guardian ad litem please contact us at NationalGALalert@gmail.com. Thank you.
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