Normal? GAL hasn't done anything yet

[DecentDad]

Hi Soc,

We have a 30 day review hearing in two weeks.

I've sent GAL copies of recent pleadings, orders and other stuff.

I had one phone conversation with him two weeks ago, when he said he'd want to interview the parents, child with each parent, and child alone.  He asked me to send him stuff (which I did within a couple days) and that he'd call me.

Child has started with a psychologist that GAL recommended to me.  Psychologist met individually with each parent and once with child so far, and she has already insinuated to me that she doesn't believe child is in crisis.  Beautifully, when psychologist asked child about previous therapy (with an inexperienced, biased LMFT who our 730 evaluator dismissed as lacking credibility), child told psychologist that when she met with the therapist, she mostly just sat there while mama did the talking.  I was only in the room for the first couple minutes, and psychologist was able to pull out some other good stuff too (i.e., child's answers suggested feeling lack of freedom to express self around mama; which is what our 730 evaluator hypothesized about the then four-year-old).

Psychologist said that she had left a message for GAL but hadn't yet heard back.

GAL has been cc'd on correspondence re biomom's delay in agreeing to a psychologist, re biomom's refusal to follow latest orders on exchanges, and re biomom's false claim via email that her attorney told her to follow her own parenting plan version (i.e., her attorney's office left me a voicemail message emphasizing that they told her no such thing).  Hearing transcript just arrived, and of course biomom is wrong.

GAL has written no correspondence and hasn't called me.  I left a message for him this morning, asking when it'd be convenient for him to meet, per what he originally outlined.

1.  Am I overreacting about seeing 2 weeks go by with no seeming action by GAL to start investigating?

2.  If not, how can I get this "show on the road" to make sure we don't have a continuance in two weeks?

Thanks,
DD

[socrateaser]

>1.  Am I overreacting about seeing 2 weeks go by with no
>seeming action by GAL to start investigating?

Don't panic. The GAL will wait until the last second like every other lawyer and then try to pull it all together.

>
>2.  If not, how can I get this "show on the road" to make sure
>we don't have a continuance in two weeks?

Ask psychologist whether he/she will have a summary that you may be able to use at the hearing in two weeks, in case the GAL is not on top of things.

The issue is the child's mental state. If the psychologist doesn't find a problem, then the court will dismiss the case (and you'll  be back to your existing crappy status quo).

[DecentDad]

OK, thanks for the reassurance and advice.

>The issue is the child's mental state. If the psychologist
>doesn't find a problem, then the court will dismiss the case
>(and you'll  be back to your existing crappy status quo).

Regarding this, here's transcript excerpt on how the court concluded the prior hearing, when he said he had two positions (Dad says Mom is constantly histrionic and fueling litigation, while Mom says child is suicidal) and has to err on side of caution...

"Additionally, I want Mom to understand that if we get into it and it turns out that you are making all of this up -- or you are hyper-overreacting-- that will affect how much time Dad has.  And that's in a negative way to you.  I just want you to understand that.  If it turns out that you are not protecting CHILD, that you are being overreactive, then Dad is likely to request and will probably receive additional time, just so you know."

(note: two years ago, our 730 evaluator had recommended summer 2006 as the time to move to 50/50 plan).

1.  Do you think this is a reference to returning to the "existing crappy status quo", or judge saying that he's going to start discouraging Mom's behavior by giving me custodial time above and beyond what has been the status quo?  Or it means nothing until a judge follows through on a threat?

[socrateaser]

>1.  Do you think this is a reference to returning to the
>"existing crappy status quo", or judge saying that he's going
>to start discouraging Mom's behavior by giving me custodial
>time above and beyond what has been the status quo?  Or it
>means nothing until a judge follows through on a threat?

No, I think the judge will give you more time if the reports come back favorably to you.