questioning decision of GAL

[bigdiol]

Hi Spark
We are in the state of Ohio for court.

Currently in court battle over 1 year, Husbands daughter spent the school year with us - visitation was limited to 1 weekend a month for MOM.

Phonecalls limited to 3x a week because of phone harrassment.

At June status meeting, GAL had already met with MOM and daughter. had NOT contacted therapist of over 6 years, or anyone on our side.

She read the psych eval which stated that because of mental abuse by mom, companionship should be limited to no more than 2-2week periods - served seperatly.

70 pages of very strong language how mom mis-treats daughter, and has cooerced her to say what MOMS adgenda is. (which daughter is saying ---she wants to be with mom)

GAL recommended in court that daughter be given ENTIRE summer with Mom, again with no research in fact-finding, against EVERY shred of evidence.

She did mention she had not spoken to anyone on our side - but felt "strongly" that daughter should have time with mom.
After meeting with her (after the decision) - she kept saying yes, she had read the eval, and that the evaluator was very thourghal. She seemed displeased that it had come out against the mother.

 
1. How can the GAL make a statement in court without using ANY of the facts??

2. Is it possible to get another GAL appointed on the basis of bias?

3. How can she dance around the psych eval? Doesnt that carry a lot of weight?

4. Any other suggestions?

thanks.
BD

[socrateaser]

>1. How can the GAL make a statement in court without using ANY
>of the facts??

You have the right to cross examine the GAL on the witness stand, and to challenge his/her opinions based on the statements made in the evaluator's report. If you fail to do this at trial/hearing, then you lost your shot.

>
>2. Is it possible to get another GAL appointed on the basis of
>bias?

You can move that the court remove the GAL based on a complete failure to observe any of the evaluator's recommendations.

>
>3. How can she dance around the psych eval? Doesnt that carry
>a lot of weight?

You have the burden of preventing this. If you don't, you lose.

>
>4. Any other suggestions?

Hire a lawyer.

[bigdiol]

Thanks.
FWIW - we do have a lawyer--- a very expensive one that dropped the ball on this one.

I will forward your suggestions to him. We have not missed the trial date yet -coming in 2 months or so. But that dosent help with the summer vacay.

:)