Object to a GAL?

[reagantrooper]

Soc

In NH

In a upcoming hearing for a change in summer "visitation" the other side has filed a motion to have a GAL apointed and that I pay for it in full (suprise, suprise). Of course I dont agree with this at all.

I plan to object to the apointment all together on the basis that I am not asking for anything out of the ordinary (4 weeks during the Summer). I realy dont see the need. Our Father/ Daughter relationship is well established.

The Mom has asked me to take our daughter for more time during the summer when she had child care issues etc.


1. Is it wise to object to the apointment or should I just object to paying for it?

Thanks

[socrateaser]

>Soc

>1. Is it wise to object to the apointment or should I just
>object to paying for it?

If what you're asking for is a minor change, then objecting to the GAL might just be a good idea, on grounds that this issue is minimal, and that the other parent is merely using the GAL, and the associated expense, as a means of punishing you for asking for more time, and thereby frustrating your relationship with the child.

...or something like that.

Your court may appoint GALs in such cases as a routine, so, your objection may be a waste of energy.

[reagantrooper]

Soc
Please tell me what you think of this objection.

Thanks

THE STATE OF NEW HAMPSHIRE

CHESHIRE,SS.                                                                           SUPERIOR COURT
NO.   


IN THE MATTER OF *******AND ***********



OBJECTION TO RESPONDENTS
MOTION TO THE APPOINTMENT OF
GUARDIAN AD LITEM


NOW COMES, The Petitioner in the above-captioned matter, ******** and says the following:
1.   The Petitioner is seeking only a minor change in his Parenting time schedule thus the appointment of a GAL is not warranted.

2.   The Respondent is merely attempting to use the GAL and the associated expense as a means of punishing the Petitioner for asking for more Parenting time with the parties' minor child.

3.   The Respondent though and by her actions is frustrating the Father / Daughter relationship of the Petitioner and the parties minor child.
   WHERFORE, ******** prays that this Honorable Court will:
A.   Deny the Respondents Motion for Appointment of Guardian
Ad litem.

B.   Order that ******* pay the Guardian Ad litem fee in full if one is appointed.

C.   For such other relief as is just and equitable.

[socrateaser]

PETITIONER'S RESPONSE TO RESPONDENT'S MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM


Petitioner, YOURNAME, in propria persona, hereby appears and responds in opposition to Respondent's motion to appoint a Guardian Ad Litem (GAL), on grounds that said appointment is unreasonable in view of Petitioner's di minimis request to increase his summertime exercise of parenting time by only 14 days.

   In support of the above-stated response, I, YOURNNAME, after first being duly sworn, do hereby depose and say:

1.   On ??/??/????, I _____________ (describe briefly, and in the first person, the facts that led you to file the motion to modify, i.e., asked for time, was refused, reasons, child's position, etc.

2. etc...


3.   I believe that it is in the best interests of our minor child to have additional time with me this summer, because _______ (tell the court what the child gets out of the additional time, fun, bonding, opportunity for x, y z, etc.).

4.   The appointment of a GAL to investigate the child's best interests in this matter will not add substantially to the court's knowledge as to whether or not to grant Petitioner's motion to modify parenting time. In contrast, it will unnecessarily slow the resolution of this matter, and create an unreasonable additional financial burden – neither of which is in the child's best interests.

5.   Therefore, and for all of the foregoing reasons, I hereby request that the court deny Respondent's motion to appoint Guardian Ad Litem, and instead grant Petitioner's motion to modify parenting time.

Dated, this ______ day of ________, 2005



By: ____________________
YOURNAME
ADDRESS
CITY, STATE ZIP
CONTACT FONE

Subscribed and sworn to, before me this ____ day of _____, 2005

By: _____________________
Notary Public
My commission expires: ________

[reagantrooper]

Soc
I lost on this issue and the Court has ordered a GAL apointment. The text of the order is as follows.

GAL shall investigate visitation/custodial time.

Private pay:

Petitioner shall pay %50 and Respondent shall pay %50 of the GAL expense. The parties may waive the hourly rate and the maximum fee by written stipulation.

A $1000 retainer shall be paid to the GAL by no later than June 3, 2005 in the proportion set forth in the paragraph above. In the event any partys payment is not made in accordance with this order, the GAL may complete only the portion of the report concerning the parent who has complied. If neither party has complied the GAL is not required to commence an investigation until a partys retainer is paid in full. If only partial payment is made the GAL shall file a motion fro instructions.

1."The parties may waive the hourly rate and the maximum fee by written stipulation." What does this mean as you see it?

2.Would who contact the other side to try at a settlement or just let it play out?

Thank you!!!

[socrateaser]

>1."The parties may waive the hourly rate and the maximum fee
>by written stipulation." What does this mean as you see it?

There were two points: (1) appointment of a GAL, and (2) father pays. You lost on the GAL appointment, but you won on the payment issue. Do you think that the other parent wants to pay for her half of the GAL? Of course not. The judge has, by forcing a 50/50 split on the cost of the GAL, given both parents a very substantial incentive to negotiate to settlement, because the GAL is gonna cost some serious money.

>2.Would who contact the other side to try at a settlement or
>just let it play out?

I would contact opposing counsel and suggest, that before both of you go to the expense of paying for a GAL, that you will agree to stipulate to an increase of one week, rather than two.

If you get an agreement now, then next year, come back with a motion for another two weeks.

[reagantrooper]

Soc
I tried to come to an agreement as you sugested I sugested 1 week this year and bump it up to 2 next year. They balked at it and basicly said we will agree to nothing that gives you more time. I said ok fine I will see you in court.

Today in the mail comes a "motion to have petitioner pay the GAL in full". Rather than post the motion in full I will post the relivent points as I see them. Most of the motion is fluff and refers to the order that I started this post with. The reason they say I should pay in full are verbatum.

1. Currently your respondent is a full time student, unemployed and applying for SSI which she expects to receive but not ubtill August 2005. Your Respondent does not have the ability to pay the GAL by the deadline set by the appointment order. (June 3, 2005).

2.However, Respondent notes that as part of prior orders of this Court the Petitioner owes your Respondent money as reimbursement for certain obligations that arose from the forclosure of the former marital residence.

Then the motion goes into the detail of a prior order where the court orders me to pay her a certain sum of money. This order is the subject of my other on going post with you. The money refered to in this motion are in dispute and a hearing is pending.

Of note at one point in this motion they claim that I dont dispute the amount of money I owe her even know we are have a motion on that issue. Needless to say the S**t is getting real deep. I get the impression that her Atturney is atempting to overwelm me.

The GAL was appointed as a result of there motion. That motion ask for the GAL and for me to pay it all. They lost the point of me paying %100 now they are trying to do a fake of sorts. I am sure this is racking up the hours on her atturneys meter!

I of course need to file an objection to this motion. I am not sure if I should just file a motion saying a deny all of there alligations. Or if I should try to make the point that she once again is trying to mislead the court.

1. What are your thoughts on there move to get around the order that we pay 50/50?

2. How would you word you objection?

THANK YOU!

[wendl]

Not SOC But, why can't she work and is she going on SSI, who is paying her attorney fees???

**These are my opinions, they are not legal advice**

[reagantrooper]

>Not SOC But, why can't she work and is she going on SSI, who
>is paying her attorney fees???
>
>**These are my opinions, they are not legal advice**

Not sure! This is the first time I have heard of it. I would venture to say it's yet another sceam of hers to escape her responcilbility and have someelse foot the bill. Not sure who is paying her attorney. At least its not me, YET!!

[socrateaser]

Post the entire motion. I don't know what your opponent is actually asking for, i.e., to pay the entire amount, or to resolve the question of how much you owe Respondent (which may be nothing), so that she can use that money to pay her half.