The “Best Interest Police” coming to your divorce

Looked at from a distance, the whole concept of a states Guardian ad litem program is hard to understand from its official description. From what we hear from its users, it doesn't do much-if anything- to help children. It is confusing (and expensive) for families. It is unmanaged and un-supervised and is not accessible to the kind of functional "corrective action" that is available to most public programs. As we see it - operationally, Guardians ad litem have virtually absolute power to act in whatever they choose with divorcing families and children. Compliance with "Rules and Standards for Guardians ad litem" has no enforcement, therefore is purely voluntary on the part of the Guardian ad litem. It is a truly unique institution in democratic America more like the apparatus of a police state.

It might be asked why do non-criminal, non-abusing, divorcing couples need the Best Interest Police to investigate and determine whether their parenting practices and attitudes are in their children's "best interest"? Why aren't all American parents under the surveillance of Guardians ad litem as "best interest police" for their children. In the interests of equal opportunity, shouldn't the parenting practices of all American parents - divorcing and non-divorcing - be watched and evaluated equally carefully for the child's "best interest"? The obvious answer is that a total surveillance of everyone's parenting practices by outside agents of the government, or by whomever, would bring on a violent upheaval that would make the American Revolution seem like a Sunday school picnic. Guardians ad litem in divorces are the "nanny state" on totalitarian steroids.

Conceptually, we would suggest that Guardians ad litem seem to function 'de facto' as "Child's Best Interest Police", empowered by judges to look for the "evil that lurks in the hearts of 'men' (humans)". Watch out as those neighbors, friends of your spouse and others line up to share their thoughts about your parenting skills (and much more) in secret exchanges with a Guardian ad litem. Though there are "Rules and Standards for Guardians ad litem", there is no administrative "oversight" (no enforcement) from the mother organization, the Judicial Branch of state government. Such "oversight" as there might be comes from a feeble complaint process that depends on the courage of consumers to face-off against the "Best Interest Police" in the "Mother house" of all lawyers, the Overseers of the Bar.

It is a situation that is beyond "David and Goliath" to have the courage to complain to the Overseers. It is an all or nothing, winner-take-all situation and the odds against a complainer winning are formidable. Filing a consumer complaint, forces consumers to address both the substance of their Guardian ad litem complaint and the prejudice of the lawyers in the Overseers, who firmly believe that their colleague Guardians ad litem are "wonderful, do good work, help many children", unfounded opinions openly expressed by the Family Law Advisory Commission (and other Judicial Branch officials). How do you tell powerful people who admire and respect Guardians ad litem, that their colleagues, that the people they esteem have "messed up"? Where do you run for cover from a vindicated, vengeful Guardian ad litem when your complaint is dismissed? Where is the protection for a "complainer"?

It may be deemed impertinent for us to ask: "Why has no one ever done any formal program evaluation of this hugely expensive, , much criticized, run-away program? Are Guardians ad litem really "doing good work" or "helping children"? What do families say? What do children say? What do objective child-development evaluators (outside of the sweep of Judicial Branch/Muskie School influence) say? Is the program working for public benefit? Are kids better for having had a Guardian ad litem? After 39 years doesn't it need formal study and, perhaps, a bit of program tweaking? Where's the data? Why is there NO program evaluation data?

We would say that the absence of any well-founded program evaluation after 39 years is itself a public scandal. There are many symptoms of program dysfunction and many witnesses to this dysfunction. Program evaluation needs to move beyond judicial , "feel-good" anecdote.

Please comment here or contact us at NationalGALalert@gmail.com. There is also a Facebook page that is maintained that covers current issues and concerns. If you would like to express your opinion we would encourage you to take our survey on Guardian ad litem performance and or cost.

The Inquisition is Alive and Well in Family Courts

The Spanish Inquisition relied on denunciations that were anonymous - the courts tortured and condemned heretics - depriving them of their worldly belongings. In many cases these heretics were executed as a means of saving their souls.

Several hundred years later we have the family court system that is alive and well in the state feeding off of the stress, pain and confusion of parents. While modern society has progressed beyond the physical torture to purify the soul our courts and officers of the courts have perfected psychological torture as a means to purify parents and keep them in line. It is warped thinking on the part of an industry that has grown by leaps and bounds over the past decade as Judges have outsourced their powers to the courts underlings - Guardians ad litem and Parental Coordinators - modern societies inquisitors.

While the names have changed the role has not. Modern inquisitors (Guardians ad litem, Parental Coordinators, Family Lawyers and the special interests) use the power that Judges have lent them and expanded upon that gift. Taking common sense and squeezing every drop of sense out so that people entering the court system are entering a system that is twisted and insane. Where all the rules of human decency are thrown out and where hearsay is fact when uttered by Guardians ad litem and Parental Coordinators. No where else but in today’s court is it acceptable for people to burn a child, abuse them, deprive a child of their childhood and time with one or both parents. All of this is done with the shield of "In the child's best interest" being used to protect warped reasoning and violating your Constitutional rights.

Think about this - in reviewing the actions of your Guardian ad litem or Parental Coordinator how open minded have the courts been in listening to you? Do you really believe the courts and the Inquisitors that work for them will change? In almost 40 years of having Guardians ad litem mixed up in the court system the only solid change that has come about has not been for the child or parents. Change has come for the benefit of the Guardian ad litem at the expense of your child(ren) and yourself. To believe that the courts are now capable of reform and have the ability to move from the card board box age into the digital age of management and oversight and you are just kidding yourself. Change is in the air not because of the realization our benevolent courts system have but because those forced into the use of the courts inquisitors have started to fight back. Any meaningful change to the system has to involve all parties - or the system will fail like it has for the past 4 decades.

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