Is it a good idea to hire a guardian in a regulatory case? If you asked me a year ago, I would give a loud "yes". Now, my experience has made me rethink my point of view.
The function of the litigation guardian or "GAL" is to represent the interests of those with legal disabilities in the court. Some appointments are made in disputes involving custody of children. Sometimes, choose GAL to determine the best interests of adult incompetence. The idea is that the "GAL" can investigate the case and usually make recommendations to the court in a way that allows the judge to make a final decision based on the best interests of the incapacitated person. In some cases, this is exactly what happened. However, there seems to be a tendency for a sentence to rely solely on the content of the "GAL" report, rather than listening to the evidence provided at the hearing.
I have recently had a divorce case and my client has temporarily supervised her child for more than a year. The father continued to listen to the final hearing several times. He did not pay child support. We agree to appoint "GAL". She made a report saying that the children would live better with their father because their mother and her boyfriend had a fight, and one of the children accidentally heard her monks.
The larger of the two children is in kindergarten. The father's visit was scheduled to take place on Mondays and Tuesdays every week to accommodate his work schedule. Although he tested his boss at the trial to change his working hours to let his daughter go to school, let the little girl miss the kindergarten.
At the hearing, we refute most of what GAL found with the help of my father. Apart from the yelling boyfriend, almost everything she found was wrong. Although I have written to her many times and asked her to make corrections based on the documents I provided, she did not appear to defend her report. She did not.
The judge gave the custody of the child to the husband. In his order, he did not solve many of the things we provided in the trial with the help of the mother. He did say that the father should return the back support he ignored, but otherwise, as if he had already slept through the entire hearing, or let that time pass, he had forgotten all the confirmed things.
In our legal system, there are not enough judges to bypass, which is an unfortunate fact. As a result, cases are often determined on the basis of hasty evidence and are collected too quickly. There are good reasons to hire someone to summarize a case so that the judge can make a decision without listening to hours of often insignificant things, and often serves transparently to provide testimony. However, the judge should not give up his fair duty and rely on evidence from those who have little training to understand what she should try to find. So if you're confused about the choice to hire a "GAL" decision, keep the following tips in mind:
1. Find out the program that he/she will use. In order to make a good report, she needs to talk to teachers, neighbors, friends, doctors and anyone else who has information about children. When the child is present, she should have a home visit with both parents. She should talk to her child, not asking where he/she wants to live, but about his/her likes, dislikes, abilities and communication skills. Sometimes, just finding out what a child has with his/her parents can reveal a lot of information about the family situation.
2. Find out what training your "GAL" has. If he has just received a two-day course certificate, then she is not qualified to investigate your situation. If she has received intensive training in related fields, such as family counseling, and has some experience with her child's problems, she may be able to provide real help in providing the correct information to the court.
What will be covered in her work? It is her responsibility to wish to report the facts to the court. This means that she will not make suggestions. The judge should consider her report, but the court should not be held responsible for considering all factors before making a regulatory decision.
If parents can make child custody decisions between them, it is always best. No one else, well-trained or experienced, can identify all the few details that make up a child's experience and needs. However, some parents are unable to communicate effectively and refuse to be rational when addressing important issues of divorce. Therefore, the court must rely on "the litigation guardian and other professionals to obtain some information that the court should consider when deciding on a disputed case. Provide a fair and honest report to the judge. Before you are forced to hire a "GAL", you should be sure .
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