confused about GAL

[bigdiol]

Hi,
 We are in the state of ohio. GAL has been a part of our case for the last 4 months. SD is 12 yrs old.

SD is claiming she wants to live with her mother. We have been able to show that BM has been pressuring SD to make these statements, or she punishes SD.

After our last status meeting, GAL announced to the attorneys + the magistrate that she could no longer support SD's claim that she wanted to live with her mother- and that another attorney for the child would have to be appointed down the road if SD stuck to her story. (which is likely)

Gal also stated to persons listed above that if she had to make a recommendation that moment -- - she strongly recommended the father get full custody. She said she did not agree that living with the BM was "in the best interest of the child."

(huge exhale!!!!!)


Please help me understand.


1. Isnt the purpose of the GAL to represent the best interest of the child--regardless of what they say??


2.What would her new position be--and how can that help us?

3. WHy is she saying we have to get someone else/other professional?

4. Does this keep going and going every time we manage to convince professionals there is major amounts of PAS going on-- because they cannot support SD's forced view of living with her mother?

5.Can the GAL still express her opinion to the magistrate--which we want since its in our favor?

  thanks for clarifying.

BD

[socrateaser]

>1. Isnt the purpose of the GAL to represent the best interest
>of the child--regardless of what they say??

Actually, the GAL's duty is to represent the child's interests, which may not necessarily be the "best interests of the child," because sometimes what a child wants, and what's in the child's best interests are two different things.

>
>
>2.What would her new position be--and how can that help us?

I don't read tea leaves. If you want to know her new position, then ask her.

>
>3. WHy is she saying we have to get someone else/other
>professional?

I don't know. You are asking me to speculate without meaningful facts. I just don't have enough case info.

>
>4. Does this keep going and going every time we manage to
>convince professionals there is major amounts of PAS going
>on-- because they cannot support SD's forced view of living
>with her mother?

Um...it's a possibility.

>
>5.Can the GAL still express her opinion to the
>magistrate--which we want since its in our favor?

I think that the GAL has already expressed her opinion, and it was in your favor. Now, if I were you, I would ask the court to force the GAL to discuss the opinion at much greater length, in as much as the GAL has already violated her client's (the child's), attorney-client privilege.

The GAL is trying to help, and committing a major breach of ethics by doing it. You may as well try to exploit it.

[bigdiol]

Hi,
 We are in the state of ohio. GAL has been a part of our case for the last 4 months. SD is 12 yrs old.

SD is claiming she wants to live with her mother. We have been able to show that BM has been pressuring SD to make these statements, or she punishes SD.

After our last status meeting, GAL announced to the attorneys + the magistrate that she could no longer support SD's claim that she wanted to live with her mother- and that another attorney for the child would have to be appointed down the road if SD stuck to her story. (which is likely)

Gal also stated to persons listed above that if she had to make a recommendation that moment -- - she strongly recommended the father get full custody. She said she did not agree that living with the BM was "in the best interest of the child."

(huge exhale!!!!!)


Please help me understand.


1. Isnt the purpose of the GAL to represent the best interest of the child--regardless of what they say??


2.What would her new position be--and how can that help us?

3. WHy is she saying we have to get someone else/other professional?

4. Does this keep going and going every time we manage to convince professionals there is major amounts of PAS going on-- because they cannot support SD's forced view of living with her mother?

5.Can the GAL still express her opinion to the magistrate--which we want since its in our favor?

  thanks for clarifying.

BD

[socrateaser]

>1. Isnt the purpose of the GAL to represent the best interest
>of the child--regardless of what they say??

Actually, the GAL's duty is to represent the child's interests, which may not necessarily be the "best interests of the child," because sometimes what a child wants, and what's in the child's best interests are two different things.

>
>
>2.What would her new position be--and how can that help us?

I don't read tea leaves. If you want to know her new position, then ask her.

>
>3. WHy is she saying we have to get someone else/other
>professional?

I don't know. You are asking me to speculate without meaningful facts. I just don't have enough case info.

>
>4. Does this keep going and going every time we manage to
>convince professionals there is major amounts of PAS going
>on-- because they cannot support SD's forced view of living
>with her mother?

Um...it's a possibility.

>
>5.Can the GAL still express her opinion to the
>magistrate--which we want since its in our favor?

I think that the GAL has already expressed her opinion, and it was in your favor. Now, if I were you, I would ask the court to force the GAL to discuss the opinion at much greater length, in as much as the GAL has already violated her client's (the child's), attorney-client privilege.

The GAL is trying to help, and committing a major breach of ethics by doing it. You may as well try to exploit it.