court reports and sharing

[CheatedMother]

 The GAL was involved in my original case. THere are reports  obviously.  Much of what was in those reports has been openly used around and against the child as punishment ,entertainment(at get togethers). I know they have the right to tell anyone they want, but it IS detrimental to the child to have these accusations  used as leverage for behavior,  to attempt to instill fear (which it has not) etc..

Also, I am refiling for custody and major reasons for change have more than been met.  I am willing to request,  hire, and pay for the GAL if it would be wise, in order to save time  waiting for one to be appointed.

1 Do  you have any thoughts  on the allegations that are in those reports, and the new case(all allegations, nothing founded) and how I should handle them?. If they are "unfounded allegations" do they hold any merit now?

2. Due to the fact there was a GAL last time, should there be one this time(and can/how I request this on my own?)

3. How do I bring up the issues about the information in those reports and  request that it not be shared with or around the child.(both parties)

4. If I make requests of the court about these reports, should I do it on the same paperwork as filing for custody, or a different order?

 thank you.

[socrateaser]

>1 Do  you have any thoughts  on the allegations that are in
>those reports, and the new case(all allegations, nothing
>founded) and how I should handle them?. If they are "unfounded
>allegations" do they hold any merit now?

I don't know what the allegations are -- either new or old, so I can't comment.
>
>2. Due to the fact there was a GAL last time, should there be
>one this time(and can/how I request this on my own?)

If you think that the child's interests require independent representation, then you should ask the court to appoint a GAL. I don't know enough about the case to have an opinion either way.

>
>3. How do I bring up the issues about the information in those
>reports and  request that it not be shared with or around the
>child.(both parties)

You can suggest that the other party has been using the GAL's report as a means of ridiculing you in front of the child and ask for a restraining order. But, there's no way to enforce such an order, unless you can prove that the other parent is disparaging you. And, if you do have proof and the disparagement is based on false statements of fact, then you could sue the other parent in civil court for defamation and false light attribution -- in addition to getting a contempt order.

But, without proof, you got nuttin'.

>
>4. If I make requests of the court about these reports, should
>I do it on the same paperwork as filing for custody, or a
>different order?

Same.

[CheatedMother]

THe allegations were for abuse. All  was unfounded,(approx 6 months of investigations) and was NOT the judges basis for the custody change. I HAVE decided  in my research now, that a GAL is warranted. Our child wants to be heard... My preference is that an actual attorney or social worker be used.  I do know we will be going to mediation(for venue change) in about 6 weeks.

 As for the ridicule issues,  the child is the source, so obviously I don't want to drag him through the mess with that info.  (asking for it to not be done, is probably all I can do, so thank you)

1. Is there anything I can do to *try* to keep those past ALLEGATIONS from  coming back? Is it something TO be concerned about since it was all unfounded?

2. Can I request a GAL on my own before we ever get to court(once we have a date) and how? Can I request it at mediation since ex will know what we are there for?

OR

3. can I/ should I hire an attorney to represent the child, with the understanding that it's my money, but I know its not an attorney to represent me?



... and thank you... for  sharing your wisdom..

[socrateaser]

>1. Is there anything I can do to *try* to keep those past
>ALLEGATIONS from  coming back? Is it something TO be concerned
>about since it was all unfounded?

Seems that the lack of findings is your best evidense.

>
>2. Can I request a GAL on my own before we ever get to
>court(once we have a date) and how? Can I request it at
>mediation since ex will know what we are there for?

Not unless the other parent agrees.

>OR
>
>3. can I/ should I hire an attorney to represent the child,
>with the understanding that it's my money, but I know its not
>an attorney to represent me?

You could retain an attorney for the child, but I wouldn't, unless there is some reason why the child should be represented as a full party in the matter (i.e., child wants to be emancipated early).

[CheatedMother]

Thank you very, very much. You've helped me immensely!