Tips on Dealing with “Guardian Ad Litems”

From “Stop Judicial Child Abuse” and Dr. David Vandenberg, a list of suggestions on how to handle a Guardian ad Litem:

The N.H. Family Court is causing children to be abused and neglected all across the state by its unlawful conduct, and in part, has used the N.H. Guardian ad Litem “program” to effectuate these child-abusive ends.

It is no surprise that the Guardian ad Litem (“GAL”) system in New Hampshire is severely broken and has destroyed thousands of families and relationships between children and fit parents. So broken is the system that, in fact, that the state cut off all funding for “public pay” or “indigent” flagged cases, thereby collapsing the involvement of the vast majority of GAL’s in New Hampshire as of June 1, 2011 (See Admin order 2011-03)

The underlying problem with the GAL system is that it is overly broad and not narrowly tailored to the “best interests of the child” and actually, it fundamentally competes with the liberty interests of fit parents who are presumed to act in the best interests of their children – this principle being well-settled by both the U.S. and N.H. Supreme Courts.

The following is an excerpt of a memorandum compiled by STOP! Judicial Child Abuse Contributor, Dr. David D. Vandenberg. This memo is not in any way legal advice and is provided for informational and educational purposes only, and is not necessarily exhaustive, but should shed some informative light on some techniques that may be effective in dealing with your GAL.

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Firstly, never sign GAL stipulations. You can’t be forced to, even if the judge and everyone else says you have to. It’s a contract and you can’t be coerced into agreement. So, don’t agree, then the GAL will have to go away, because she won’t be paid.

Secondly, GALs are often improperly appointed. Superior Court Administrative Order 17 and Family Court Administrative Order 2005-01 describe proper appointment methods. These must be complied with.

Thirdly, the work of GALs is controlled by Ross v Gadwah, 131 NH 391, 554 A.2d 1284 (1988). GALs are parties to a matter, but not attorneys. They are also expert witnesses. Very important. Because GALs are parties to a matter, they are subject to discovery. Get her case file, billing, all of it. That will show misconduct better than anything else. Remember judges LOVE GALs. So, you can’t go after what they say, you have to show bias–billing–and fraud–case file.

Fourthly, GALs are expert witnesses, per Ross v Gadwah. There are statutes that govern the conduct and admission of testimony into court proceedings. The importance of statutes is that judges must comply with statutes. Rules are disposable, as we all know. Statutes must be complied with.

Fifthly, RSA 516:29(A & B) govern the introduction of expert witness testimony. There must be a report, and the report must be delivered 90 days before any hearing. So, remember when the GAL appeared at your hearing with a report in her hand and said she spoke with your kid the day before? Illegal. Totally, according to RSA 516:19. Also, if certain elements are not in the report, the report cannot be entered into evidence. No report, no testimony allowed. In the report, the GAL MUST, MUST provide her reliable principles and methods used to reach conclusions, the sufficient facts and data, and the proof that the principles and methods were reliably applied to the facts of the case. The GAL must also show that her theories and techniques have been or can be tested, have been subjected to peer review and publication, have a known or potential rate of error, and are generally accepted in the appropriate scientific literature.

Does that sound like any GAL report you ever looked at? Didn’t think so. This rubbish that passes as GAL reports is nothing close to what the law demands. Without these elements in the report, the report may not be accepted, and without a report no testimony provided as an expert witness. So, all that work, sitting and watching Oprah and talking with mom on the phone? Does not pass muster. Testimony and reports should properly be excluded.

  • Bradley Jardis

    It is time the New Hampshire Family Court system had some heavy exposure and auditing as restitution for the families and lives it has destroyed throughout this state.

    These abuses form some excellent common-ground between activists supporting libertarian government policies and good people who, although largely inactive in politics, have been screwed by arbitrary government power.

    The government treating people so poorly is an excellent recruitment tool for the message of liberty and freedom… and the New Hampshire Judicial Branch ought to be wise about how it proceeds now that a lot of these good "law abiding" people who have been screwed unfairly by the system are now getting into positions of government office to try and limit the future casualties.

  • Joshua Youssef

    I have been in the crosshairs of the N.H. Family Court system since 2006. It is an oligarchical judicial tyrrany. There is no justice. Brad is completely correct that there are libertarian threads that run through family court victims and victims of big government in Keene and beyond. N.H. State Government has been perpetrating inordinat civil rights violations on its inhabitants for many decades, and it is time that ALL those affected stand up, speak up, and tell the government that is supposed to be "of, by, and for the people" that we are taking it back

  • Resident Troll

    STOP, is (S)talking (T)emporary (O)rder of (P)rotection. It applies to gentle snow flakes as well as alleged adults.

    I think you are smoking too much of what you're supposed to be selling.

    What you should be doing, which none of FREAKEENERS wil do, is Bail Derrik out of the clink, so he can go back in and you can lose the bail money. Yeah, that's a plan.

  • Joshua Youssef

    Dear Troll,

    Your comment was very intelligent. Thank you for enlightening us with this golden nugget of brilliance!

    Josh

  • Spelling

    Ian, the plural of guardian ad litem is guardians ad litem.

  • Resident Troll

    Thank you, Joshua. I'm glad I've enlightened you. Mind you, it's RESIDENT troll. KOK gave me the moniker, what a guy, eh?

    I must be modest on intelligence. I don't like to brag. I assume you haven't a clue what my comment is about. I, myself, compliment YOU on your intelligence, as well.

    CIAO!

  • CLHoover

    These are some good pointers. I wish I had known about them while I was going through a divorce. Even though I live in Maine some of what is pointed out applies to that state as well as many others. With a GAL you can never be careful enough.

    Also check out http://www.nationalgalalert.blogspot.com

    Keep up the work!

  • CLHoover

    These are some good pointers. I wish I had known about them while I was going through a divorce. Even though I live in Maine some of what is pointed out applies to that state as well as many others. With a GAL you can never be careful enough.

    Also check out http://www.nationalgalalert.blogspot.com

    Keep up the work!

  • opinionatedman

    GAL Reports being rubbish is absolutely true and about $100 per page in Maine. Unless you get them into court to cross examine that GAL as an Expert Witness there written word is gospel. Attorneys that I dealt with were scared to death to challenge a GAL even when they had no basis for what they wrote. That is why I am currently in the process of suing my first GAL. Because of her report that I did not concur with, she quickly withdrew and wrote two more reports before she did making recommendations to the court before she withdrew without a plausible reason. Her actions cost me at least 60K in more fees and 18 months in the trailiing docket system of Maine. The system is completely broken in many states, New Hampshire, Maryland and Maine is right behind them.

  • wisdom

    This article isn’t entirely true. I know several mothers who complain about guardian ad litem yet they let their newest boyfriends beat and abuse the child. The court has to many cases to know exactly what is going on and the guardian is another set of eyes. Most of these incompetent parents want to sit around and play the blame game. If they didn’t neglect or abuse their children in the first place they wouldn’t even be in that situation to begin with. It’s just easier for incompetent parents to sit around and blame the guardian who are calling the parents out on their incompetent behavior. Someone needs to call them out because they all think they are doing a wonderful job which clearly they aren’t. I’m sick of these useless parents trying to play the victim card. Get off your lazy a**ses, stop doing drugs, quit abusing and neglecting your child and than maybe the state wouldn’t have to be in your business.