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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88315
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can you direct me to the CT statutes that govern what a parent

Customer Question

Can you direct me to the CT statutes that govern what a parent is entitled to from an ad litem-- where it says no subpoena or production request but can depose etc. I am just getting very mixed signals with one atty on here who I wrote to days ago saying that you cannot confront a guardian in open court.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
the guardian ad litem is the representative of the child’s best interests.” Newman v. Newman, 235 Conn. 82, 96, 663 A.2d 980 (1995). It is well established that the role of the guardian ad litem is to speak on behalf of the best interest of the child.’ In re Tayquon H., 76 Conn. App. 693, 704, 821 A.2d 796 (2003). Thus, the GAL can be made to testify as to what those best interests are to justify them and can be cross examined.


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Customer: replied 1 year ago.

I sent a notice for production of records to the GAL. She said she usually gives this information to clients but because my ex-husband has objected, she is going to let the courts decide. I just don't understand this. How can he object if the GAL routinely does this? If it is okay by law as it apparently is, why would his objection even count and why wouldn't the ad litem just turn stuff over. Is it possible to depose her instead to get around this nonsense? Thanks

Expert:  Law Educator, Esq. replied 1 year ago.
It is possible to depose her, but at this point you do best filing a motion to compel in court and let the court decide first about your ex's objection and then if they agree, you would schedule the deposition.
Customer: replied 1 year ago.

If the court does not agree to compel her, can you depose her then without anybody interfering? Also, if there are no legal grounds for her to not hand over the records now, what about reminding her about that.


 


If there are no legal grounds it seems like total bias in favor of my ex. Wouldn't you agree?


 


I know under this she fears being impeached and if I get any more of her records, she might be in more trouble.

Expert:  Law Educator, Esq. replied 1 year ago.
If the court will not compel her, then you can depose her and the other party has a right to be present during the deposition and can cross examine her. She is just stating she is going to let the court decide since your ex is objecting to the turning over of the records.

It is not total bias towards anyone, since she is putting the burden on the court to decide the disclosure and she is not simply refusing to turn them over to you.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88315
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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