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GAL request.

Started by All of us are family, Oct 13, 2004, 09:44:21 AM

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All of us are family

Hello Socrateaser,

Jurisdiction is in Washington state for all involved.

My ex has (for the fourth time in four years) put in a motion for a modification of the parenting plan, citing (again) that my spouse is abusive to the ex and to my child (all allegations being unfounded). The ex has also requested (again) that a GAL be appointed to the case because of the ex's allegations against my spouse.

Allegations against my spouse: threatening, stalking, taunting, degrading, talking bad about, physically, mentally and verbally abusive towards my ex and my son. She has never supplied any proof of this alleged abuse as it has never happened.

A GAL was appointed to the case on August 11, 2000 because of allegations the ex made about my spouse (unfounded). The GAL contacted the ex, who stated to the GAL at that time, quote, "everything was fine now." The GAL withdrew from the case without conducting any investigation that I'm aware of. The final PP was entered on October 20, 2000.

We have both attended court ordered counciling together and seperately. The councilor recommended that we attend mediation due to it being "impossible to work on issues given the fact that the ex and us (myself and my spouse) have completely different perceptions of the same current events."

We attended mediation. The ex refused all of my suggestions to modify the parenting plan at that point even though I gave the ex exactly what she said she wanted during the counciling sessions. The ex canceled the last mediation session.

The ex has requested a GAL 6 times in the past 4 years, which have all been denied by the court. The ex is now requesting, again, a GAL based on the above allegations about my spouse.

I have joint legal custody of my child. My ex is custodial parent as she has my son 10 more hours a week than I do.

My question is this:

Is there any time that I should also request a GAL be appointed, or should I try to avoid it at all costs?
 
Is there any other option left available besides a GAL since it's apparent that counciling and mediation are not working?
I haven't really heard anything positive about having a GAL appointed by the court, especially if you are a male NCP.

Thank you in advance for your help Socrateaser. Your help is much appreciated!:D

socrateaser

>My question is this:
>
>Is there any time that I should also request a GAL be
>appointed, or should I try to avoid it at all costs?

Well, I would want to avoid the expense of a GAL, if the allegations are completely false.

>
>Is there any other option left available besides a GAL since
>it's apparent that counciling and mediation are not working?

If, as you say, the allegations are completely unsupported by anything other than the other parent's bare statements, then I would request a dismissal, and move for sanctions for filing a frivolous action.

I would also offer to submit to a polygraph exam, if the other parent agrees to do similarly, on condition that the person who is determined to be telling the truth be awarded all fees and costs, including the cost of the polygraph, and reasonable attorney fees.

Obviously, the allegations must be completely false in every way before you should consider this option, because no one can beat that machine, in the hands of an expert examiner.