Showing posts with label common sense. Show all posts
Showing posts with label common sense. Show all posts

Wednesday, December 17, 2014

Divorce Corp - Backdoor Deals and Cozy Relationships between GALs and Judges

Director Joe Sorge (DivorceCorp) interviews Maine psychiatrist and director of Maine Guardian Ad Litem Alert, Jerry Collins. They discuss the backdoor deals and cozy relationships between the guardian ad litems (GALs) and other family court professionals. Families are forced to pay outrageous fees and often get little for their money.

Learn how Guardians ad litem demand excessive fees and are essentially unregulated in their practice. It is another shocking example of the corrupt practices in US family courts.

DivorceCorp - Family Law Report: Jerry Collins Interview Part1



If you would like more information and become involved email us at NationalGALalert@gmail.com or find us on Facebook.



Monday, June 30, 2014

National - According to Family Court - Field Trip to Bar Late at Night is Good for Child

File this under lack of Common Sense within the Family Court System -

As a parent if your four year old child came to you and told you she was scared of being in a situation your ex put her in what would you do? If your child was taken to an adult environment, a bar, late at night where there was loud music, alcohol and intoxicated adults involved. What would you do?  Would it make a difference if you were involved in a divorce and custody battle? It might.

Most parents would try to take some kind of protective action for their child. If a Guardian ad litem was involved – you would complain to them; after all, that is what they are put in place for. Clearly a child (no matter what the age) being put into an inappropriate adult situation is not in the child’s best interest. Nor does the child feel emotionally safe in these situations. Common sense would dictate that this child (or any child) should be protected and removed from this situation or environment.

The child in question told her father that she felt scared being in the bars to which she was taken by her mother. She witnessed fights and yelling, and her mom's boyfriend being pushed around. “Bad words” were often being said between people. When the father brought this to the Guardian ad litem's attention (the person who is supposed to be looking out for the best interest of this child) – the Guardian ad litem stated that the father simply did not trust that his four year old daughter was in good hands. The father, concerned for his daughters safety, continued to make his point and express his concern. His concern was not taken seriously by the Guardian ad litem. Instead of investigating whether or not the situation of a child’s late night visit to bars was good for the child, this Guardian ad litem continued to blame the father for trying to cause trouble.

How are we to believe, as this Guardian ad litem and the Judge would seem to be doing, that this little girl's 'best interest' was served by late night visits to bars that she found frightening? What about the child's emotional  safety? Is this kind of place a good moral environment for children? To say the least of what this child is learning from the experience? We would say that common sense was not used by the child’s mother nor by the Guardian ad litem for that matter. Sadly, this type of poor judgment is frequently seen with quite a number of Guardians ad litem in the State of Maine. Examples like this are the reason why there is now - and has been - a very real need for Guardian ad litem and Family Court reform.

NationalGALert is a grassroots organization dedicated to supporting parents who have been abused by the family court system. In addition we educate and promote reform through legislation - both here in Maine as well as nationally. We would encourage you to contact us at NationalGALalert@gmail.com and tell us your story. In addition we may be found on Facebook.

The Power of the Powerless - 2012 by MeGALert

Family Court Survey - We want your opinion regarding the experience you had in Family Court.

Sunday, March 2, 2014

Child Custody - An appeal to Maine's Supreme Court: Dalton Vs. Dalton CUM-13-521

You are going to have ring side seats in this conflict that is being appealed to the supreme court in Maine. The link provided brings you to a piece giving a general overview of what is going on. On this page there is a link to the appeal that was submitted a little over a week ago. The ideas in the appeal may be applied to cases in any state.


It isn’t often that most people have a chance to read an actual divorce and custody story that is being appealed to Maine’s Supreme Court, as we write this.  Child custody appeals are relatively rare. Most people, who might wish to appeal, are intimidated by the process; many are discouraged by lawyers, who don’t wish to offend a lower court judge by asking a higher court to intervene and correct a decision. Then, there is the huge amount of work involved and the not inconsiderable expense.

The process starts with a heartfelt disagreement with a lower court judgment and with the handling of the law in that court. It requires courage to challenge a family court judgment. It also always embodies a determined love of one’s child (children). In effect the appellant is very publicly saying - but in polite legal language - to the court, “You are dead wrong!  Your judgment is not only unfair but badly arrived at. The tools you are using and the reasoning process are seriously defective!  I strongly protest!”  How a skilled attorney approaches this problem and chooses the most important issues out of a welter of possible “plots, subplots and very involved stories” is a matter of legal judgment. Most of us, as parents and family would get lost in a morass of the details that go into a custody fight. The enclosed brief of this particular case demonstrates the vitally necessary partnership between lawyer and client. It is a union of “heart and courage” and ”head” - the level, focused intellectual crafting of the case essentials by a lawyer. It will be, I guarantee you, a most interesting and informative “read”.

We’ve been hearing from family members some of the unbelievable details of this case, Dalton vs Dalton, for just over a year. We have held our breath each time there has been a court hearing, hoping for fairness, for a reasonable turn of events, for a review of hard facts and for correction of a frightening nightmare of misperception being acted out in court. But the process seemed only to get worse as time went on. The extreme and inaccurate views of the court and a Guardian ad litem have, unfortunately, become ever more rigidly entrenched. Hence, the difficult decision to appeal.

We have to say, in no way to diminish this very troubling case, that from our experience with many other friends, the clumsy handling of this case in this court is, unfortunately, by no means unique. This case is a poster child for other very similar cases, and it is an urgent clarion call for urgently needed Family Court Reform in Maine. Like most Family Courts in America today, Maine’s courts are in the views of many, badly broken, dysfunctional and urgently in need of reconceptualization and reconstruction. They have lost their moorings in the law, and they are cruelly hurting many of the families and children that they are supposed to serve.

Please, read the enclosed pdf with the details of the Supreme Court Appeal and see what you think.  By all means, share it with friends and legal professionals.  Ask the questions: “Is this how our courts should function?  Is this your image of what you would expect from a court in a democratic society?”

Finally, who is in charge, where’s the oversight?

To view the case click on the link - Dalton Vs. Dalton CUM-13-521

For more information please contact NationalGALalert@gmail.com or find us on Facebook

Thursday, October 24, 2013

Women wage campaign to impeach New Jersey judge Paul Escandon

 It begs the question of who is providing oversight of the judges - in any state? The public and consumers of any state Judicial Branch are fed the same hash that everything is under control. Or is it? How do we know as a people, as a society that those who should be doling out justice are doing so in a way that is fair and by the law. How do we know that judges have oversight and accountability. That they are being managed? We don't. We have been brought up to trust a system that in many areas is corrupt and has no interest in making sure the system is working the way it is supposed to.

These women are proving just that. One of the women was upset and vented which led to other women connecting. Patterns start to emerge. While this case does not directly relate to a Guardian ad litem it does make one think about whether or not the people who are "managing" Guardians ad litem are themselves being managed. If there is no management of anyone in our courts then how do we know that there are no problems? We don't and neither do our courts.

ABC News

 MONMOUTH CO., N.J. (WABC) -- A group of women who say they've been discriminated against by a judge in Monmouth County, New Jersey are now trying to get him impeached. They've filed a petition with the state assembly to have the judge removed.

What's interesting is the role that social media has had in bringing these women together to share their stories. It started with one mother who thought she was alone in her legal battle with Judge Paul Escandon, but she discovered there are dozens with similar experiences.

"All of a sudden, one day I was his mother and the next day I had fewer rights than a babysitter on the street," Rachel Alitoff said.

Full story and video: ABC News

Rachel Alitoff blog on Judge Paul Escandon


If you have had issues with a Guardian ad litem we would encourage you to contact us at NationalGALalert.com or comment here. We can also be found on Facebook.

Because there is no oversight of the Guardian ad litem system - we are conducting two surveys on the cost and performance of Guardians ad litem. We encourage anyone who has worked with a Guardian ad litem to take one or both.

Monday, August 12, 2013

Welcome to the Judicial Information Super Highway


In many states the Judiciary is proud to point out that anyone can sift through cases that are finished. Only to do so will require going to the court house and going though dusty boxes of papers that have your case or the case of someone else..

It is a 19th century filing system in the 21st century.

Imagine going to a branch of your bank and asking for an account balance. The teller cannot  give you your balance and that you must go to the branch where you made the deposit!  Or you call your credit card for account information and you are told that they are counting your charges on paper slips. Your information will be mailed to you. Would this be acceptable? No - of course not in this day and age - you want this information right away and it is available. Electronically.

In our courts this just does not happen.

You cannot look up your case online (unless your case goes before the Supreme Court). You cannot see whether your Guardian ad litem is working on just your case or 50 others - because it is not online. What cases are being heard today in your court - don't go online to find out because it is not there.  About the only thing that the courts have online is the address and contact information you need to get a court official in your court.

The Family Law Advisory Commission (FLAC) has come out with a glowing report for the battered Guardian ad litem program. FLAC comes out and indicates that GALs have played an essential role in family proceedings. That Guardians ad litem have been "instrumental in assuring positive" outcomes for children. FLAC goes further in stating that judges value the services of these Guardians ad litem highly. Guardians ad litem are responsive and professional as seen by the court system.

Yet where is the data to back up these accolades for Guardians ad litem? The data is in cardboard boxes sitting in the corners of our court houses. How many members of FLAC do you think went to our court houses to sift through the 'data' that is housed there? More than likely - None.  In other words the data used for the report - much like the data the courts appear to use - is based on the "feeling" or subjective opinion that Guardians ad litem are doing a great job. There are no hard numbers. There is no data. Well there is but for the sake of repeating - that data is in cardboard boxes sitting in the dark corners of our court houses. All readily accessible  by driving from court house to court house.

There is a demand for hard data in the new law...

Or….

The alternative is buying Chief Justice Saufley a speedy motor scooter so she can get on the Judicial Information Super highway and search those cardboard for that glowing Guardian ad litem data.


For more information please contact us at NatinoalGALalert@gmail.com or follow us on Facebook.


Sunday, July 7, 2013

July 8 2013 - In the best interest of the Child - GAL reform

Monday, July 8th is a day for Maine children and families dealing with some aspect of divorce, to celebrate. Against all odds, against our wildest expectations, in our first year of existence as "grass-roots" advocates, we have a comprehensive Guardian ad litem reform bill! And... believe it or not, Maine - dare I say it - is leading the country.

It isn't that other states haven't done bits and pieces of Guardian ad litem reform, a legislative "tweak" here or there, but, as we well know, all would-be "change agents" face awesome "headwinds". The opponents of Guardian ad litem reform as we know are truly formidable. The Guardians ad litem themselves, the family lawyers, the family court judges and the whole apparatus of the Judicial Branch, the infamous "stakeholders" know the system, know the existing law, are well organized professionally and have the financial resources to wage a political war.

But we have made good friends who have spoken the truth, ever more loudly....

We have an ever growing, much cherished group of NationalGALalert friends. We have bit by bit, using modern media, expanded our group, talked, shared and born witness to the horrors of a serious Guardian ad litem scandal in Maine's Judicial Branch. The Judicial Branch's Guardian ad litem program - with no oversight, no supervision and legal codes that have further re-enforced a lack of accountability - have pursued the self interest of its workers without visible restraint. And many children and their families have been badly hurt, as a result. Despite the very defensive claims of the Judicial Branch that it is about "bad sports", people who have had a bad custody decision, this has never been the focus of our issues. Our issues are about cruelty in decision making, ignorance in practice and blind greed. Our issues are about governing structures in the Guardian ad litem program that don't work, that fail the people who need them most. Our issues are about a Guardian ad litem program data base on sheets of paper  in cardboard boxes in district courts, which the Supreme Court can't regularly access for management oversight.  They don't know they don't know!

Our friends have courageously born witness in public, legislative testimony.

We now have an educated legislature that has full knowledge of the Guardian ad litem problems, thanks to yeoman's work by Senator David Dutremble, Representative Lisa Villa, Senator Linda Valentino and other members of the Judiciary Committee. We have a unanimous majority of the 35 members of the Maine Senate, who see the Guardian ad litem problem. It would be hard to find legislators in denial, after an awesome  "educational session" with Senator Dutremble!

It is about everyone speaking the truth about the problem with simple courage.

It is also about support from the Executive Branch of our government: meetings of the Governor and constituents on Saturdays, as people poured out their hearts about personal victimization by Guardians ad litem, and the Governor listened.  It is about Executive Branch participation in planning legislation from the first meeting in December 2012.  It is about personal calls from the Governor to constituents, urging them to overcome their fears and testify to the Judiciary Committee on March 28, 2013. It is about the Governor signing the bill on July 8th.

At its core, it is an improbable story of "the power of the powerless", the power of "Truth" that can't be silenced, about courage and determination.

And ... friendship!

For more information please contact us at NationalGALalert@gmail.com or like us on Facebook. In addition if you would like to express your opinion on the cost of Guardian ad litem service of the performance of a GAL. We would encourage you to take our survey. The results will be published later this summer (2013). The surveys can be found - here - Cost   Performance. Thank you.

Monday, May 27, 2013

We want you to rate your Guardian ad litem experience.

How well has the Guardian ad litem worked for the state or for the people involved in a case? Are there problems with one Guardian ad litem or a Judge? No one knows because there is no public data showing where problems may be - so citizens of the state cannot make informed decisions about a Guardian ad litem. The Judicial Branch does not know and so they cannot correct problems with a Guardian ad litem, court or Judge.

In the past there was no opportunity to state whether the cost of a Guardian ad litem service was worth it. There was no opportunity to rate that service which had been provided. Any complaint or review would be through the courts and we have all seen just how effective that is in correcting any kind of problem. Or for letting consumers know what to expect.

That is until today.

There are two survey's that are being made available to those who have been influenced by a Guardian ad litem and the Judge that manages him/her. These survey's are short and you have the opportunity to add as much detail as you feel is necessary. While the Guardian ad litem name is asked the results for that person will not be displayed at this time. You do not have to give this persons name nor do you have to give your name. If you are interested in knowing whether a particular Guardian ad litem has been reviewed - that request can be emailed and some basic information can be provided as well as the names of others who have had an experience with that Guardian ad litem.

Thank you for taking the time to fill out one or both of these surveys. Please feel free to have family members, friends or others that were impacted by the Guardian ad litem recommendation(s) fill out the survey's.

MeGALalert

Guardian ad litem Performance Survey

Guardian ad litem cost survey


For more information on Guardians ad litem please contact us at MeGALalert@gmail.com or like us on Facebook for up to date information.