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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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Question is how and what actions should I take as a

Customer Question

Question is how and what actions should I take as a respondent
For divorce finalize to Lawyer & Petitioner. Petitioner didnt follow completion of mediation, failed to noterize and sign agreement. I the respondent, noterized agreement, and mail to mediation petitioner fail to comply to deadline and to respond to mediation. Mediato filed unresolved and to appoint GAL. Petitioners lawyer letters commissioner .Petitioner appointed GAL, on petitioners behalf not mine. GAL has 120 days to investigate, that was appointed April 14, 2015. I have no information on the petitions against me and GAL will constantly reschedule on meetings and not return phone calls to request a schedule to meet to complete investigation. Withhold all of petitioners orders to show cause, was to unknowen issues as a father. I have already have forced a GAL the petitioner to appear to court to decide school placement . My son now on temporary for school. The court session for holiday schedule agreement. GAL contacted morning of hearing and explained I agree to about 80% and need to discuss very minor changes to schedule for my sons best interest in spending time with both families. GAL canceled hearing and I find that out while im driving to court. Since then petitioner violated temporary court order. I have police file claim and report #. GAL reschedule twice then for home visit, cause my son has to be present for Gal to do home visit, as Gal explained because of petitioners request Petitioner will not communicate with me on anything, neglects to work with decisions concerning my son. With holds all medical and health insurance info. So any advice for a pro se that could force the honest investigation for my childs best well being.
How to get new GAL due to neglagence of duties, and Non completion of report , file contempt on petiitoner, and to obtain police report for contempt evidence.
Also to get discovery of the documents that petitoner has used in child custody proceedings
Submitted: 11 months ago.
Category: Family Law
Expert:  LegalGems replied 11 months ago.

What state is this in regards ***** *****?

Customer: replied 11 months ago.
brown county
green bay wi
I have all forms filed and all records if you need info attached
Customer: replied 11 months ago.
Here are the case records
Expert:  LegalGems replied 11 months ago.

Thank you; unfortunately we aren't allow to review legal documents being that that requires an attorney client relationship, and this public forum is not private.

A few moments please as I continue the rest of my response.

Expert:  LegalGems replied 11 months ago.

Any party to the proceeding may request termination of the GAL pursuant to the following statute:

(5) Termination and extension of appointment. The appointment of a guardian ad litem under sub. (1) terminates upon the entry of the court's final order or upon the termination of any appeal in which the guardian ad litem participates. The guardian ad litem may appeal, may participate in an appeal or may do neither. If an appeal is taken by any party and the guardian ad litem chooses not to participate in that appeal, he or she shall file with the appellate court a statement of reasons for not participating. Irrespective of the guardian ad litem's decision not to participate in an appeal, the appellate court may order the guardian ad litem to participate in the appeal. At any time, the guardian ad litem, any party or the person for whom the appointment is made may request in writing that the court extend or terminate the appointment or reappointment. The court may extend that appointment, or reappoint a guardian ad litem appointed under this section, after the final order or after the termination of the appeal, but the court shall specifically state the scope of the responsibilities of the guardian ad litem during the period of that extension or reappointment. 767.407 (4m) - https://docs.legis.wisconsin.gov/statutes/statutes/767/V/407

The purpose of the GAL is to help facilitate custody agreements in the best interests of the child; so if the GAL is actually obstructing the process the court is more likely to appoint an alternative GAL. One may submit a declaration of the dates of missed appointments.

More information here:http://www.wisbar.org/forpublic/ineedinformation/pages/guardians-ad-litem.aspx

If a party is in violation of a court order, and the violation is knowing and willful, one may file a motion for contempt. If there is no justification for the violation of the order, the court may impose sanctions such as fines, attorney fees, and even jail time.

FA 4172 is the form to use; please let me know if you need a link.

As for police reports, each district has it's own process; for example please see:

http://www.cudahy-wi.gov/departments/police/records_request.php

The declaration submitted with the motion may also detail the events of the contempt.

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Expert:  LegalGems replied 11 months ago.

Please let me know if you would like a link to the motion -thanks.

Customer: replied 11 months ago.
please send link
Expert:  LegalGems replied 11 months ago.

Certainly;

Here it is:

http://www.wicourts.gov/formdisplay/FA-4172.pdf?formNumber=FA-4172&formType=Form&formatId=2&language=en

That is the form for the contempt motion.

Customer: replied 11 months ago.
WHAT IS HE FORM TO EVALUATE OR FORE JUDGEMENT OF INVESTIGATION OF GAL
AND WHAT FORM FOR TERMINATION OF GAL
OR REQUEST FOR A NEW GAL
Expert:  LegalGems replied 11 months ago.

There is an additional charge to retrieve multiple forms. I will send you an additional service offer. Thank you!