We are sure that the 78 page document spelling out a set of new Rules for Maine Guardians ad litem represents many hours of work on the part of some Judicial Branch Committee. However, to this reader, they are a very perplexing document. Exactly what are they supposed to be? Are they a job description? Are they some sort of regulations aimed at governing and bounding the work related actions of Guardians ad litem in divorce and custody (and protective) cases? Are they a set of voluntary guidelines to be followed if the GAL wishes? Are they well intentioned (but empty) ideals? What are they? It is far from clear.
Any set of Rules on paper may look fine, but their value and meaning come from whether they are enforced or not- and how. For these new Rules there appears to be no enforcement. There appears to be no consequences of any kind for not following them. There is no designated entity responsible for oversight to see if the Rules are being followed. There is nothing we can see, except for the reporting of complaints by the ‘pro se’ public. This complaint process itself is a confusing procedure guaranteed to fail. To this reader the message in the new rules seems to be: "it would be nice if Guardians ad litem learned these Rules and tried to follow them. But if they don't, not to worry. There are no consequences.
The complaint procedure speaks loud and clear to these issues. For family courts in which 74% of litigants are 'pro se', the complaint protocol spelled out in the new Rules is frankly unusable. It's complexity, its lack of instruction about "how to", its legalistic posture, its insistence on "innocent until proven guilty" even in cases needing only minor corrective action, its extreme concern about due process, makes it bullet proof against any public complaint. It also has no use as a management tool, a heads up from a member of the public that is simply aiming to improve GAL quality in cases of less serious malfunctioning. We guess that the court feels that GALs don’t need management? GALs all over Maine can heave a sigh of relief. Courts can breath easier. The complaint procedure won't be used, or, if it is used by an unaware 'pro se' litigant they won’t succeed in penetrating its airtight defenses.
For the time being, Guardians ad litem will be able to escape any consequences of ‘pro se’ public complaints, but please don’t think that this will make the GAL problems go away. They will just fester, suppurate, expand and grow larger. Sooner or later the GAL malfunctioning problems will be uncontainable and a public scandal will burst through!
The "Catch 22" about the proposed new Rules (or the current ones) is that their courtroom enforcement appears to be totally a matter of judicial discretion. They can be discarded, amended or altered if a judge- quite independently of any rules- decides to order GAL actions not covered by the Rules for Maine GALs, or ... to ignore flagrant violations. a piece of this problem- in our experience- is that many judges and many GALs lack specific, detailed knowledge of the GAL Rules and have only a "general idea" about Rules for GALs. "Judicial discretion" seems to allow for creative use of the Rules in any which way.
To many of us, the recent Maine Supreme Court appeal, the Dalton vs Dalton case, appears to tell litigants that even a well-documented carefully reasoned exposition of what looks like a gross abuse of current GAL Rules by the GAL and documentation of a similar situation by the judge risks a "contempt of court" complaint. It also risks "hand signals' to the Overseers of the Bar to open a 'sua sponte' complaint against the lawyer who dared to document the problems. The implications of this series of actions seem clear to us: any lawyer who robustly defends a client faced with dysfunctional judicial or GAL behavior is in extreme professional danger. DON'T DO IT!
The answer to correcting the dysfunctions in GALs and judges seems to be to bury the problem, until the weight of scandal and and corruption from within cannot be suppressed. A massive public cry of outrage and a demand for action ensue. The fairly recent scandals in the Catholic Church come to mind as an example. Suppression only works for a shorter and shorter period in the age of the Internet.
In our interest for reform, we are tempted to say to the Judicial Branch, "Do nothing. Let your unenforced Rules and your unusable complaint procedures stand exactly as they are. In the long run, they have within their carefully crafted attempts to control and suppress the truth (at a time when the Internet dictates that “you can run, but can’t hide”), the inevitable roots of a huge scandal, forced change and reform. We're just not there yet!
There should be an easier way for all.
We shall overcome. ... someday!
Please contact us at NationalGALalert@gmail.com for more information.
Friday, November 7, 2014
Friday, July 4, 2014
National - As a Guardian ad litem - What Would You Do?
Imagine you are a Guardian ad litem tasked with making a recommendation on a case and you have the following to deal with:
One member has just accused the other of molesting the child of this divorcing family. You recommend that the accused has only supervised visits with this child. The Family Court Judge backs up your recommendation.
But there is a twist
You see the accused has another child with another partner. What do you do?
1. You do nothing - that child is not a party to the divorce.
2. You recommend that the accused parent can only have supervised contact with both children because that parent poses a threat to both of them.
3. You have Child Protective Services come in and determine whether or not the accused is really a threat.
Tell us what you would do - Either add a comment here or click this link which opens up in a new TAB or window.
The results will be published on Monday 7/8/2014
One member has just accused the other of molesting the child of this divorcing family. You recommend that the accused has only supervised visits with this child. The Family Court Judge backs up your recommendation.
But there is a twist
You see the accused has another child with another partner. What do you do?
1. You do nothing - that child is not a party to the divorce.
2. You recommend that the accused parent can only have supervised contact with both children because that parent poses a threat to both of them.
3. You have Child Protective Services come in and determine whether or not the accused is really a threat.
Tell us what you would do - Either add a comment here or click this link which opens up in a new TAB or window.
The results will be published on Monday 7/8/2014
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.
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.
Thursday, June 19, 2014
A Basic Tool Kit for Grass Roots Family Court Reform
We have been asked by many people how we got MeGALalert, our Family Court and Guardian ad litem reform program, started and what beginning grassroots activists should do to get going? We grew our program, MeGALalert by stages and degrees, learning by trial and error as we grew. We quickly set two fixed goals: (1) education of the public about the need for reform of family courts and Guardians ad litem, and (2) legislation to produce change. We feel that you can’t have legislated change for these dysfunctional systems without an enlightened, aware public that will support and push for change. Legislation also requires that we educate legislators about the family court and Guardian ad litem problems, and also that we help voters connect with legislators and- as constituents/voters - express their views and their wishes. Family court systems are not anything that can be “fixed” quickly, because there are huge systemic problems and powerful internal forces that support the dysfunction of family courts, and that keep dysfunction alive, well and growing. Long ago, we were instructed by one sophisticated lawyer: “Follow the money!”
What we are outlining is a well planned systems intervention in a massive system, and it cannot be done quickly or without a well designed strategy and tactics, nor can these be effective without tools for intervention in all parts of the system. Obviously, this is a complex undertaking. We are always glad to share our thoughts and our approach, but to do so would take more than a simple, single blog posting. We’ll start by giving a brief list of important generic systems intervention “must have” “tools” that you may find useful in changing family court systems:
1. A blog or two (or more) with different focuses that will serve multiple purposes: give news, present issues and problems, make proposals for change and allow for public "conversations".
2. A Facebook page dedicated to court reform in your state, which can present more short-term "reform news" and sharing.
3. Building a base of credible political supporters, larger numbers of both friends and “victims” of the family court system. E-mail addresses (and list-servs) for this group are critical, precious, invaluable . One rule to follow: ALWAYS BLIND COPY (bcc) MASS MAILINGS FOR PRIVACY). Telephone numbers and physical addresses are useful also. We started with our family court story (disaster) in a local weekly paper that got the attention of other family court “victims” who contacted us - and the rest is history as the numbers grew and grew.
4. Once you get stared, a core group of friends with a "work ethic", who can be counted on to help with some of the "heavy lifting". Volunteer manpower, which can stay on top of what's happening in state government that may impact on users of family courts.
5. Getting to know your State Rep and State Senator and continuously educating them on the court reform issues is critical. Getting to know other legislators, especially those who have gone through divorce and custody horrors. “Victims” of family courts in the legislature are “golden”. You also need to know which legislators are your enemies and “frenemies” , Which legislators will sabotage your efforts and support the ‘status quo’? HINT: look for legislators who are lawyers!
6. Getting to know your state Governor and your Chief Justice. Governors can submit bills and can veto bills, but they too need education. Justices often want changes in the courts but they are constrained by their political base: the state bar and state lawyers who live handsomely off of family courts. They hear appeals form family courts and their judgments become case law.
7. Building relations with the all elements of the media. Know reporters, feed them stories. Many court reporters are intimidated about journalistically challenging the courts and getting “shut out” of court news thereafter, but sometimes your news may tempt them out of timidity. Small, local, weekly papers, we find, are most open to reporting our experience - and people do read them. Give them stories. This got us going. Don’t forget social media in all of its many forms.
8. Organize intimate, small showings of "Divorce Corp", the DVD, it is very educational, packs a punch and ought to be a "must see" for legislators and government decision makers. It is a great “tool” for quick information and attitude change.
9. Make your most important goal: public education about the largely unknown scandal that is family courts in America. Without extensive education of the public you go nowhere.
10. Communicate, communicate, communicate. Keep everyone who writes to support you in the loop, up on the news - good and bad. Answer ALL e-mails asap.
11. Don't worry about money or setting up a nonprofit. We've done it with no money and no corporation. Money and non-profits have their own problems and politics. We've done it with PEOPLE, who are FRIENDS. The most successful movement that produced massive political change was created by Vaclav Havel, former, Czech president, Nobel prize winner, writer and political dissident.
Finally, don't be discouraged by setbacks. It is going to be a long term project. Family courts have solid support of a huge, wealthy industry ($50 billion), the “divorce industry”, these lawyers, like the “robber barons” of old, are not going to yield quickly or easily. But ... we have human and moral "right" on our side, and, once we connect, there are more of US than there are of THEM! Vaclav Havel called it “The power of the powerless”.
In the long run, if we keep at it , like others before us who fought injustice...
"WE SHALL OVERCOME ... SOMEDAY..."
MeGALalert can be reached by emailing us at MeGALalert@gmail.com or by finding us on Facebook. There is no magic bullet that can be used to help you with the issues you and your family are facing. We offer support and help in dealing with the family court system.
What we are outlining is a well planned systems intervention in a massive system, and it cannot be done quickly or without a well designed strategy and tactics, nor can these be effective without tools for intervention in all parts of the system. Obviously, this is a complex undertaking. We are always glad to share our thoughts and our approach, but to do so would take more than a simple, single blog posting. We’ll start by giving a brief list of important generic systems intervention “must have” “tools” that you may find useful in changing family court systems:
1. A blog or two (or more) with different focuses that will serve multiple purposes: give news, present issues and problems, make proposals for change and allow for public "conversations".
2. A Facebook page dedicated to court reform in your state, which can present more short-term "reform news" and sharing.
3. Building a base of credible political supporters, larger numbers of both friends and “victims” of the family court system. E-mail addresses (and list-servs) for this group are critical, precious, invaluable . One rule to follow: ALWAYS BLIND COPY (bcc) MASS MAILINGS FOR PRIVACY). Telephone numbers and physical addresses are useful also. We started with our family court story (disaster) in a local weekly paper that got the attention of other family court “victims” who contacted us - and the rest is history as the numbers grew and grew.
4. Once you get stared, a core group of friends with a "work ethic", who can be counted on to help with some of the "heavy lifting". Volunteer manpower, which can stay on top of what's happening in state government that may impact on users of family courts.
5. Getting to know your State Rep and State Senator and continuously educating them on the court reform issues is critical. Getting to know other legislators, especially those who have gone through divorce and custody horrors. “Victims” of family courts in the legislature are “golden”. You also need to know which legislators are your enemies and “frenemies” , Which legislators will sabotage your efforts and support the ‘status quo’? HINT: look for legislators who are lawyers!
6. Getting to know your state Governor and your Chief Justice. Governors can submit bills and can veto bills, but they too need education. Justices often want changes in the courts but they are constrained by their political base: the state bar and state lawyers who live handsomely off of family courts. They hear appeals form family courts and their judgments become case law.
7. Building relations with the all elements of the media. Know reporters, feed them stories. Many court reporters are intimidated about journalistically challenging the courts and getting “shut out” of court news thereafter, but sometimes your news may tempt them out of timidity. Small, local, weekly papers, we find, are most open to reporting our experience - and people do read them. Give them stories. This got us going. Don’t forget social media in all of its many forms.
8. Organize intimate, small showings of "Divorce Corp", the DVD, it is very educational, packs a punch and ought to be a "must see" for legislators and government decision makers. It is a great “tool” for quick information and attitude change.
9. Make your most important goal: public education about the largely unknown scandal that is family courts in America. Without extensive education of the public you go nowhere.
10. Communicate, communicate, communicate. Keep everyone who writes to support you in the loop, up on the news - good and bad. Answer ALL e-mails asap.
11. Don't worry about money or setting up a nonprofit. We've done it with no money and no corporation. Money and non-profits have their own problems and politics. We've done it with PEOPLE, who are FRIENDS. The most successful movement that produced massive political change was created by Vaclav Havel, former, Czech president, Nobel prize winner, writer and political dissident.
Finally, don't be discouraged by setbacks. It is going to be a long term project. Family courts have solid support of a huge, wealthy industry ($50 billion), the “divorce industry”, these lawyers, like the “robber barons” of old, are not going to yield quickly or easily. But ... we have human and moral "right" on our side, and, once we connect, there are more of US than there are of THEM! Vaclav Havel called it “The power of the powerless”.
In the long run, if we keep at it , like others before us who fought injustice...
"WE SHALL OVERCOME ... SOMEDAY..."
MeGALalert can be reached by emailing us at MeGALalert@gmail.com or by finding us on Facebook. There is no magic bullet that can be used to help you with the issues you and your family are facing. We offer support and help in dealing with the family court system.
Friday, April 18, 2014
Connecticut - Marisa Ringel testimony to Supreme Court
Connecticut has had a string of hearings dealing with Family Court and Guardian ad litem reform. It is much needed there as it is in just about every state in the union. This following is written testimony that was presented to the Supreme Court in Hartford. While this parent speaks specifically to the rules for GALs in that state the general idea is one that can be applied in every court room.
This woman is saying that absent of any abuse or neglect - every parent should have a fundamental right to parent on an equal basis and that no parent should be forced into 'supervised visitation' absent of neglect or abuse. Yet how many parents are forced into that position by a Guardian ad litem or Family Court?
Supreme Court in Hartford
Public Hearing on Rules and Forms
Written Testimony of Marisa Ringel
April 14, 2014
Justices of the Supreme Court and/or Committee of Justices members:
I am hear today to petition the Government for a redress of grievances.
The 14th Amendment clearly states:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
In Stanley V. Illinois, 405 U.S. 645, 651; 92 S.Ct. 1208, (1992), the U.S. Supreme Court stressed:
“The parent-child relationship is an important interest that undeniably warrants deference and, absent a powerful countervailing interest, protection. ..A parent’s interest in the companionship, care, custody and management of his or her children rises to a constitutionally secured right, given the centrality of family life as the focus for personal meaning and responsibility.”
It is my suggestion that the Connecticut Practice Book incorporate these two quotes to open Section 25.
Every parent, absent abuse or neglect, in the Constitution State should have a fundamental equal right to parent their children without the interference of government.
While there is legislative authority granted to provide for various awards of custody in the State of Connecticut, there does not appear to be any specific legislative authority for a judge in the State of Connecticut to force a parent into “supervised visitation” absent abuse or neglect.
Yet, in the family courts of the State of Connecticut, “supervised visitation” is often ordered without any justification that a “child’s welfare” is in danger.
Therefore, I am proposing a new Practice Book Rule 25-70:
“No judicial authority shall have the right to issue an order of supervised visitation without conducting an evidentiary hearing to establish whether there are grounds for an order to show cause that “clear and present danger to the physical/psychological well-being of a child” exists that requires an limited time order of supervised visitation.
No order of supervised visitation shall remain in place for more than three months, without conducting another evidentiary hearing at which any party can call witnesses, including those supervising the visitation, to report to the court on their observations of the parent-child interactions.”
There are reports in Fairfield County of supervised visitation which have been in place for more than two years, in which fees in excess of $20,000 have been paid by a parent to conduct a once a week four hour visitation.
Supervised visitation cannot be seen as a “first option” response from a judicial authority to make parenting time “unaffordable” or a “punitive measure”.
The 1886 Supreme Court decision in Yick Wo v. Hopkins 118 U.S. 356 stated:
“Law and court proceedings that are ‘fair on their faces’ but administered ‘with an evil eye or heavy hand’ was discriminatory and violates the equal protection clause of the Fourteenth Amendment.”
Family courts must provide divorced parent the same rights and obligations of their children as if still married. Otherwise, the court is administrating a criteria in a manner which discriminates against a class of citizens based on “un-married status”.
Such discrimination by the family court judges against any class of citizens who are no longer married would constitute a violation of Title 42, Section 1983.
Each of us who is speaking today, is a victim of orders of “supervised visitation” at the current time or in some past order issued in the family court system in Connecticut.
Each of us has been and has always aspired to be a “fit parent” and have been “humiliated” and “degraded” by a family court judge who has abused their powers in administering family court justice through ordering “supervised visitation” without an order to show cause.
This authority to order supervised visitation has no statutory authority and is therefore an abuse of discretion and must be curtailed.
Marisa Ringel
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
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
Friday, February 14, 2014
Family Court Abuse - A Parents Perspective
Dear Dr. Collins (et al):
I cannot thank you enough for all that you do for the impoverished, broken, and voiceless.
I thank everyone within the NationalGALalert circles for the pro-active stance that has opened doors once thought closed.
Our family's case is literally "killing" my almost 16 year-old daughter; that was her description - just yesterday - of how the numerous adversarial & prolonged family court procedures have adversely effected her.
At present, she is being held against her will within her dad's home: the Guardian ad litem (GAL) failed to hear her pleas of wanting desperately to move back in with her mother {me}. Additionally, the 2014 court order legally permits her father from allowing her visitation with her mother {me}.
The last GAL failed us on several occasions submitting an 18 page report filled with subjective information - mostly inaccurate & malicious information -- provided to her by my former husband.
The system has failed our family in 2009-2010 and in 2012 to present: both of us parents have considerable legal debt.
I am still in shock over the final judgment given to me just 2 days after I appeared in Portland (01/14/2104) to testify that I have been unable to contact Mary Ann Lynch via email.
I know both myself and my daughter suffer from a form of PTSD as a result of the on-going post-divorce conflict initiated by my former husband but fanned and fueled by those within the divorce industry.
Those who want to point fingers can point to my former husband or to me BUT the truth is, my former husband would not have been able to succeed in financially impoverishing me without the support of the divorce industry.
Collectively, our family has lost so much; the most tragic loss -- something that cannot be replaced -- is my young daughters childhood. Both teens suffer separately and differently from the conflict that results from drawn-out and highly contentious court proceedings.
Conflict is all that she knows / they know; the divorce industry knowingly or unknowing gave my former husband positive reinforcement every time he sought legal counsel to take me back to court -- twice since our original 2006 divorce.
Each consecutive court process took twice as long as the prior and the costs involved doubled from the previous process. I was just getting out of legal debt from the 2009-2010 process when my former took us back to court in 2012. That process lasted 18 plus months and cost me over $20,000 when I only earned $10,000 in 2012 and $12,000 in 2013 (I was a full-time USM student until this past May).
Presently, my debt is so astronomical that that my ability to pay court ordered child support {calculated - mind you - on a salary that I did not actually earn} has been greatly hindered: how is any of this in the best interest of either teen? Or, the Maine tax payers? Or, to our society???
As a result of the collusion between the divorce industry and my former husband, my daughter has fallen deeper and deeper into a depressions; she has twice attempted to end her life {May and September of 2013}.
Maine care has picked up all of the costs for her medical care. Maine tax payers are footing the bill and , we as a society, are potentially losing a once energetic, civic-minded, and highly accomplished student to a major depression and self-harming behaviors both beginning after she was taken out of my home in 2010 and placed in the care of her dad.
I suggest that the mayor and the divorce industry consider a "Truth and Reconciliation Act" in order to acknowledge the pain and suffering that has taken place -- for decades upon decades -- as a result of such a broken system.
Since 2006, I have suffered - as well as the two minors -- enormous losses:
1. Loss of primary home in 2010;
2. Loss of $100,000 equity in that primary home (2012 York, Maine);
3. Loss of all material possessions sold off to pay down legal debt;
4. Loss of family pet as former husband adopted the dog out of the family once he was granted custody of both minors and their dog in 2010.
5. Decrease in credit score by 100 points due to inability to pay mortgage on primary home when former spouse was advised- by his lawyer- to stop making child support payments in order to force me into signing 2010 post-judgment agreement;
6. Loss residential custody of both teens due to loss of primary home (temporarily left homeless);
7. Loss 1/2 retirement fund in 2010 court process to pay GAL, legal fee's and mortgage payments;
8. Loss all of savings to date; accrued credit card debt is now equal to my 2013 annual salary; loss all assets with exception to my vehicle that allows me to travel 3 hours a day to my full-time job;
9. Loss ALL parental rights and responsibilities and all decision making powers due to erroneous GAL report and due to her recommendation that losing all rights would end conflict;
10. Loss visitation rights as all visitation is now up to the discretion of my former husband who has been the instigator for all post-judgment discord;
11. The stress and the conflict has interfered with my work at present, has created ongoing and extensive medical expenses, and has left our daughter suicidal as well as feeling hopeless about her future;
12. The scars left on the hearts of my two teenagers as well as myself may or may not ever heal; time will tell. There is nothing more psychologically harmful than to lose the right to parent: from 1996 until 2014, I gave my life to my children. I intended and strove to raise well-adjusted, law abiding, and well-educated young adults. That right has been taken from me; the family court system partook in that loss of civil liberties.
The time for healing is now.
Please allow those of us who have to live with these court ordered "solutions" to family matters be a part of the solution for creating a system that heals and supports healthy family relations rather than a system that fuels the flames of discord in order to "win" a case; we have a vast amount of anecdotal information that would be an invaluable resource for those who are truly vested in the well-being of Maine's children and in the health and welfare of the state of Maine as a whole.
With sincere gratitude for your time and consideration~
Suzanne
YDC-FM-06-XX
Former resident of York Maine
Present Maine tax payer
Social Justice Advocate
This letter was written to the courts and state government and came about as a result of the post "A Maine Commission to Assess the Impact of Divorce and Custody on Maine Children and Families". To read the letter to Gov. Paul LePage follow this link.
For more information please contact us at NationalGALalert@gmail.com or find us on Facebook.
I cannot thank you enough for all that you do for the impoverished, broken, and voiceless.
I thank everyone within the NationalGALalert circles for the pro-active stance that has opened doors once thought closed.
Our family's case is literally "killing" my almost 16 year-old daughter; that was her description - just yesterday - of how the numerous adversarial & prolonged family court procedures have adversely effected her.
At present, she is being held against her will within her dad's home: the Guardian ad litem (GAL) failed to hear her pleas of wanting desperately to move back in with her mother {me}. Additionally, the 2014 court order legally permits her father from allowing her visitation with her mother {me}.
The last GAL failed us on several occasions submitting an 18 page report filled with subjective information - mostly inaccurate & malicious information -- provided to her by my former husband.
The system has failed our family in 2009-2010 and in 2012 to present: both of us parents have considerable legal debt.
I am still in shock over the final judgment given to me just 2 days after I appeared in Portland (01/14/2104) to testify that I have been unable to contact Mary Ann Lynch via email.
I know both myself and my daughter suffer from a form of PTSD as a result of the on-going post-divorce conflict initiated by my former husband but fanned and fueled by those within the divorce industry.
Those who want to point fingers can point to my former husband or to me BUT the truth is, my former husband would not have been able to succeed in financially impoverishing me without the support of the divorce industry.
Collectively, our family has lost so much; the most tragic loss -- something that cannot be replaced -- is my young daughters childhood. Both teens suffer separately and differently from the conflict that results from drawn-out and highly contentious court proceedings.
Conflict is all that she knows / they know; the divorce industry knowingly or unknowing gave my former husband positive reinforcement every time he sought legal counsel to take me back to court -- twice since our original 2006 divorce.
Each consecutive court process took twice as long as the prior and the costs involved doubled from the previous process. I was just getting out of legal debt from the 2009-2010 process when my former took us back to court in 2012. That process lasted 18 plus months and cost me over $20,000 when I only earned $10,000 in 2012 and $12,000 in 2013 (I was a full-time USM student until this past May).
Presently, my debt is so astronomical that that my ability to pay court ordered child support {calculated - mind you - on a salary that I did not actually earn} has been greatly hindered: how is any of this in the best interest of either teen? Or, the Maine tax payers? Or, to our society???
As a result of the collusion between the divorce industry and my former husband, my daughter has fallen deeper and deeper into a depressions; she has twice attempted to end her life {May and September of 2013}.
Maine care has picked up all of the costs for her medical care. Maine tax payers are footing the bill and , we as a society, are potentially losing a once energetic, civic-minded, and highly accomplished student to a major depression and self-harming behaviors both beginning after she was taken out of my home in 2010 and placed in the care of her dad.
I suggest that the mayor and the divorce industry consider a "Truth and Reconciliation Act" in order to acknowledge the pain and suffering that has taken place -- for decades upon decades -- as a result of such a broken system.
Since 2006, I have suffered - as well as the two minors -- enormous losses:
1. Loss of primary home in 2010;
2. Loss of $100,000 equity in that primary home (2012 York, Maine);
3. Loss of all material possessions sold off to pay down legal debt;
4. Loss of family pet as former husband adopted the dog out of the family once he was granted custody of both minors and their dog in 2010.
5. Decrease in credit score by 100 points due to inability to pay mortgage on primary home when former spouse was advised- by his lawyer- to stop making child support payments in order to force me into signing 2010 post-judgment agreement;
6. Loss residential custody of both teens due to loss of primary home (temporarily left homeless);
7. Loss 1/2 retirement fund in 2010 court process to pay GAL, legal fee's and mortgage payments;
8. Loss all of savings to date; accrued credit card debt is now equal to my 2013 annual salary; loss all assets with exception to my vehicle that allows me to travel 3 hours a day to my full-time job;
9. Loss ALL parental rights and responsibilities and all decision making powers due to erroneous GAL report and due to her recommendation that losing all rights would end conflict;
10. Loss visitation rights as all visitation is now up to the discretion of my former husband who has been the instigator for all post-judgment discord;
11. The stress and the conflict has interfered with my work at present, has created ongoing and extensive medical expenses, and has left our daughter suicidal as well as feeling hopeless about her future;
12. The scars left on the hearts of my two teenagers as well as myself may or may not ever heal; time will tell. There is nothing more psychologically harmful than to lose the right to parent: from 1996 until 2014, I gave my life to my children. I intended and strove to raise well-adjusted, law abiding, and well-educated young adults. That right has been taken from me; the family court system partook in that loss of civil liberties.
The time for healing is now.
Please allow those of us who have to live with these court ordered "solutions" to family matters be a part of the solution for creating a system that heals and supports healthy family relations rather than a system that fuels the flames of discord in order to "win" a case; we have a vast amount of anecdotal information that would be an invaluable resource for those who are truly vested in the well-being of Maine's children and in the health and welfare of the state of Maine as a whole.
With sincere gratitude for your time and consideration~
Suzanne
YDC-FM-06-XX
Former resident of York Maine
Present Maine tax payer
Social Justice Advocate
This letter was written to the courts and state government and came about as a result of the post "A Maine Commission to Assess the Impact of Divorce and Custody on Maine Children and Families". To read the letter to Gov. Paul LePage follow this link.
For more information please contact us at NationalGALalert@gmail.com or find us on Facebook.
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