What is a GAL?
Often in family cases the court will appoint a representative for the children, also called a "guardian ad litem". This is a bit of a misnomer, because guardians, or "GALS", as they are usually called, function more as a fact-finder for the court.
It has been held that "the recommendations of the [guardian ad litem] are not a substitute for the [trial] court's independent discretion and judgment." Uniform Superior Court Rule 24.9(6). See also Hammond v. Hammond, 282 Ga. 456(1), 651 S.E.2d 95 (2007); Urquhart, supra, 272 Ga. at 549(1), 533 S.E.2d 80. King v. King 284 Ga. 364, 365, 667 S.E.2d 30, 31 (Ga.,2008)
Despite this hopeful statement, GALS wield enormouse referential power. As a practical matter, unless the court sees a real problem in their conduct the GAL's recommendation is likely to become the order of the court.
In fairness, GALs take on the difficult job of picking between two parents - and take the pressure that the judge might otherwise face. The role is not an easy one, as usually one side or the other is unhappy with the outcome and the GAL is a frequent target for blame. For this reason, both judges and the rules are solicitous of GALS. For example, they are shielded from liability for their actions in a case, unless the court deems them to have engaged in "bad faith".
"In addition to the privilege afforded a witness, neither a court appointed custody evaluator nor a court appointed guardian ad litem shall be subject to civil liability resulting from any act or failure to act in the performance of his or her duties unless such act or failure to act was in bad faith." Ga. Code Ann., § 19-9-3
This also means that a GAL can get away with a host of minor infractions, and escape accountability. "Bad faith" is a notoriously difficult standard to meet and I am aware of no case finding a GAL to have breached it.
In the next installement, we will review some strategies for dealing succesfully with a court-appointed GAL.
what if the GAL lied about police reports to the judge to pass an order based on lies, or a GAL that sees you down at court house to geta TPO and tells your ex to run and take the kids, or to abduct the children on your time as you sit in church, or a GAL who never cared about how kids live with mom in poverty as their dad makes over 250,000 lies on his child support and makes unemployed mom pay into as if she makes over 48,000 a year?????
ReplyDeleteOR A GAL who makes you take a court ordered psychiatric eval just because she refuses to believe he hit you and then changes the court order to another exam and taints with defammating info from O.P. and uses against you in mediation and not allow you in to even defend yourself against false allegations?
ReplyDeleteor a GAL who knew your husband had abuse records of the children and you and refused to investigate or use in custody against husband and actually condemns a mom for being on depression meds for having a cheating abusive husband ...and a mom who was the main caregiver and gave up her whole career to raise a family as ex screwed around and did not even care about the kids until money would come out of his pockets..and the GAL was totally paid for by my ex husband and hired because he just was in contempt of a TPO and needed another counsel to act ex parte for him to lie and bias Judge...happened to me...all of it. And now I live on food stamps with 3 kids as he makes over 200,000 a year and pays only 1000 into child support and I pay over 600 and am on unemployment....Fair...equitable divorce in Cobb County Ga does not exist. What does exist is nepitism, collusion, Fraud, blackmail, buy off Judges and GALs and OP'S lawyers, etc..It is so corrupt that people should be in prison for what they are doing to families. Good God a divorce is bad enough then to throw in all this crap.
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