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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19706
Experience:  Attorney with experience in family law.
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Currently trying to end a long cycle of litigation via my Ex

Resolved Question:

Currently trying to end a long cycle of litigation via my Ex Wife (Diagnosed with BPD). We have five children, of which two live with me as their primary custodial parent. Due to violence between my Ex and the Girls, a GAL was appointed. Unfortunately, he did not believe the violence was occurring until recently. Yesterday I got his final report to the Judge, but it is full of inaccuracies, such as listing the wrong court date and listing Hearsay from my ex. Since my money has ran out and I am now acting Pro Se, I am in need of a template where I can sent a response to the Judge about these errors, as the GAL stated he is done at this time and will not correct the items. Thanks Brian
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

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You can type up any document that you like to object to inaccuracies in the GAL's report. There unfortunately isn't a specific form that you can use, but that's actually OK, because content is more important than rigid adherence to a set format. You can write it however you want. Use the court caption with the name of the court, the names of the parties, and the case number. Usually, it would be called something like "Objections to G.A.L.'s Report." If there's more than one report, include the date of the one you're objecting to. Then, you would just say something like....

Respondent (or Petitioner, whichever you are) hereby objects to the following findings in the G.A.L. Report dated DATE.

1. Finding.

Why you object.

2. Finding.

Why you object.

Then, you would ask the judge what you want him to do. Do you want him to reject the entire report? Do you want to correct those inaccuracies? Add a sentence including the relief that you're asking for, then sign and date it. File one copy with the court, then serve copies on your ex-wife and the GAL.
Customer: replied 2 years ago.
Lucy,

Thank you, XXXXX XXXXX makes sense and follows along with the draft I already have, though want to clarify. Do I need to list his whole finding for the bullets I have issues with? i.e. Item 1 has four sentences but only one of them is an issue.

For the relief, since I am acting Pro Se, am I allowed to ask for that? While I am taking my personal time, was not sure if that was reimbursable to me or not. All in all the report is good beyond these errors, and should help the kids.

Thanks
Brian
Expert:  Lucy, Esq. replied 2 years ago.
You can just say something like, "In paragraph X, the finding that...." If you had the findings in an electronic format, you could just copy and paste it, but you don't need to retype things that you agree with if you don't want to.

Unfortunately, your personal time is not compensable. It sounds like what you want is for the judge to reject the G.A.L.'s findings, so that is one thing that you could put. I just didn't want to put words into your mouth if you only want him to reject certain things, and it sounds like that's the case.
Customer: replied 2 years ago.
Here is an example of what I had started with.

Page 5, in paragraph 1, Mr. GAL states that NAME blames Brian for the divorce, telling the girls that the divorce was Brian’s fault and continually re-hashes every problem from the divorce.

I had my response as part of that paragraph. It would appear now I should change that and go with something like the following.


  1. Page 5, in paragraph 1, Mr. GAL states that NAME blames Brian for the divorce, telling the girls that the divorce was Brian’s fault and continually re-hashes every problem from the divorce.

    1. Mr. GAL then states in paragraph 2 on page 6 that it is his belief that Brian has provided the girls with too much information about this case and the constant battles between Brian and Cynthia. Based on this, it appears that these two statements are in conflict with each other.


Goal is to either correct the errors or strike those sections from the report.

Thanks
Brian
Expert:  Lucy, Esq. replied 2 years ago.
Instead of recharacterizing in your own words, it may be better to say something like, In Paragraph 5, GAL said "adadsfasfasdfj." That way, you have his exact words. Either way is fine, it's just something to think about.

If you want the judge to strike those sections of the report, then you can say that. "For the above stated reasons, Petitioner respectfully XXXXX XXXXX the above-quote portions be stricken from the report." Or something like that.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19706
Experience: Attorney with experience in family law.
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