PAS claim

[dipper]

Soc,

We are in VA.  Have had several continuances over custody case.  Yesterday was the hearing and we were first delayed a couple of hours as GAL had a problem in circuit court.  Fine....but then GAL does not show and court was again pushed back a month.

Lawyer informed us that GAL is in favor of son moving to be with us.   Son still says that is what he wants as well.

I am worried that this gives bm three more weeks to manipulate and bribe son.  It also gave her the heads up on where she stands.  As she was happy until after her lawyer talked with her (and then she was furious), she seemed truly surprised that the  GAL and son were against her.

My concern is that she is telling son that I am brainwashing him.  She is playing that role to the hilt.  She called son into waiting area yesterday.  When he came out, he said that she was mad at him.  (I did not ask anything).  My oldest son said that her being mad was nothing new.  She comes flying out of the waiting area, points at me and says, "It is none of your business what I talk to my son about!"  and runs back.

Then her mother comes out and glares and I state that no one asked son anything - the mother then says that its all we have been doing for two years.  This resulted in a shouting match until BM comes out of the room, runs to the door and calls back, "Dont bother mom, dont stoop to their level!"  And of course she keeps running.

BM is fighting the reversal of custody on grounds that its in son's best interest to stay with her.  She apparently is trying to claim that I have alienated son from her.  

When he refused to go home with her - she didnt fuss at him.  It was my fault -I had brainwashed him.  Everything is my fault.  Her phone is turned off - its my fault because she is having to pay me money in a garnishment.  This is told to son.

My lawyer - she very rudely pointed out that about 5 years ago, he was a GAL for my other son in a school matter.  She obviously doesnt feel he should be my lawyer.  This is the same person that hired her lawyer to represent youngest son for his legal problems.

Soc, how would I go about fighting the accusation of PAS?


Does the fact that my lawyer had acted as GAL for oldest son 5 years ago present a conflict of interest? (My lawyer didnt seem to think so)

[socrateaser]

>Soc, how would I go about fighting the accusation of PAS?

You fight the allegation by not fighting it. You just say that the GAL has the obligation to act in the child's best interests, and if the GAL believes that you are alienating the child, then the GAL should investigate.

By acting as if you have no fear of the allegation, you are demonstrating that you're only interested in the child's welfare, and not in obtaining custody for your own purposes, therefore you have no reason to alienate the child from the other parent.

>Does the fact that my lawyer had acted as GAL for oldest son 5
>years ago present a conflict of interest? (My lawyer didnt
>seem to think so)

Hmmm...well, a third party neutral cannot later represent one of the individual parties to the case over which the third party neutral presided. But, here, the GAL is not a neutral -- he/she represents the child, and not either of the parents, so no conflict there.

As for a direct conflict, that could exist if confidential information learned by your attorney during the past representation as GAL, regarding the other party, was obtained while he/she acted as the GAL. This is because the attorney has a duty of confidentiality to the other party, that survives the representation. But, once again, as a GAL, your attorney represented your son and not the other parent, so the duty of confidentiality extends only to your other son. The only possibility was if there was some action that the other parent took as an agent of her son, then that could create a conflict, because the attorney would have to extend the confidentiality duty to the agent. This could happen if there were some financial issue over which the parent was acting on the child's behalf, like a trust account or inheritance of the child, but NOT child support, because that money is the parent's, not the child's. So, no conflict here either.

All things considered, I'd say no conflict of interest. This all seems a bit close to the exact reverse of other situations that you have posted in the past. Are you certain that you're not BOTH parents?

[dipper]

Soc,

Not sure what you meant about me being both parents.  
 
Yes, it is kind of reversed.  I think bm is practicing alienation by her statements that I am a MF and SOB in front of our child.  She says that I am because my son wants to live with me. and she cannot accept any other explanation than I am brainwashing him.

I have posted about bm's lawyer representing both her and youngest son in different situations, which considering what the situations are could be a conflict of interest.  BM pointed out that my lawyer was a GAL for oldest son years ago.  I was just making sure she could not have him removed as a conflict of interest.

When I post, I post as I am the parent so it is less confusing for you (which I believe is posting guidelines).  It is really my dh's son.

Thank you for all of your assistance.

[socrateaser]

>When I post, I post as I am the parent so it is less confusing
>for you (which I believe is posting guidelines).  It is really
>my dh's son.
>
>Thank you for all of your assistance.

No problem. You just have one of the most complicated legal situations imaginable, so it's hard to follow the play by play sometimes.

[dipper]

Soc,

I hadnt thought earlier....while I usually post about my dh's situation...I have also asked about my own situation with my ex not paying child support.

So, I have appeared to be both the NCP and PCP...LOL....