Informing GAL, or not

[NeverGiveUp]

- I have joint legal of 2 children ages 11 & 14.
 
- For the past year I been asking for information regarding their health, school, medical . . . I get nothing.  

- Just completed 10 sessions of court ordered therapy. Therapist has read all email correspondence between ex and I (only way I'll communicate with ex).  Concluded that "Your children are being used against you like weapons.  Your ex is argumentative and controlling. No, you're not doing anything wrong".

- Had to argue vehemently to get oldest child tested for a learning disability.  Scholl recommended testing, mom refused to allow it. She stated, in writing, "The only thing wrong with 'child' is she's LAZY".  Child was finally tested, a year later, and found to be suffering from a severe learning disability.

-Hired a new attorney who has really done her homework.  Meeting with school psychologists and everything.

- I've sent a letter to their GAL explaining some of these things. I left a follow up phone message asking her to call. Never got a call. GAL has never returned a call.

- My att has told me not to call the GAL or send any mail to her.  

Questions
1) Can it be proven that the GAL is not representing children's best interest if she's ignoring their dad and can the GAL be removed from the case?

2) If the answer to #1 in yes, what has to be done to prove it / have her removed?

3) If the answer to #1 is no, is court a waste of my time / money, since the GAL is obviously not interested?

[socrateaser]

>1) Can it be proven that the GAL is not representing
>children's best interest if she's ignoring their dad and can
>the GAL be removed from the case?

The GAL's duty is to represent the child's interests, not necessarily the child's best interests. There is a difference, because a child, like an adult, may desire something that is not objectively in their best interests. For example, the child may tell the GAL that he/she's not interested in having a relationship with you. The GAL, as an attorney, must zealously advance the interests of his/her client, and thus has a duty to either advance a position denying you a parent-relationship, or withdraw from the case.

When you try to provide info to the GAL, you may or may not be helping the situation, because the GAL may be forced to use your info against you, even though you could objectively believe that you are acting in the child's best interests.

So, your question is a non-sequiter -- it doesn't compute. Proving that the GAL fails to act in the child's best interests will not get the GAL removed, because that's not the GAL's duty.

>2) If the answer to #1 in yes, what has to be done to prove it
>/ have her removed?

If you want to remove the GAL, you need to show that the GAL is failing to advance the child's interests, or that the GAL is biased in favor of one parent over the other, even though the child would have it be otherwise.
>
>3) If the answer to #1 is no, is court a waste of my time /
>money, since the GAL is obviously not interested?

Court is almost always a waste of time and money, so you shouldn't be surprised. I suggest that you forget about the GAL and concentrate on obtaining a report from the therapist that strongly favors you. Be careful in jumping to a conclusion, because therapists frequently tell a parent something positive so as to gain his/her confidence and then obtain more candid opinions. Those candid opinions are then, later turned against the parent who thought that the therapist was supportive.

My advice is to turn the therapist's trick back on him/her. Every social worker is trained to look for selflessness as the ultimate behavioral characteristic. In the real world, selflessness doesn't exist, but that's what they want to hear, so when you're with the therapist, EVERYTHING should be about wanting the best for your child, no matter how adversely it affects you. The more the therapist believes that you are not interested in any personal benefit, including custody if it will injure the child, the more likely that the therapist will report out in your favor.

This is, of course, all just my opinion. But, food 4 thought.

[NeverGiveUp]

Sounds like the best thing you can do to gain custody of your children, through a GAL, is to give them (the children) everything they want.  So then they'll want to be with you and the GAL will have to push for it.  Nothing wrong with that picture :-(

The food's a bit bitter, probably means it's good for you . . .

Thanks SOC