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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hi: My Guardian ad Litem is very dishonest and biased. She

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Hi: My Guardian ad Litem is very dishonest and biased. She lies, withholds information and is in many way just plain unethical. I thought about writing a notice of production to ascertain whether what her records/information is to base her decision but I hear you cannot do this. One other available option is to depose her. I am in the state of CT and am wondering if this is a viable alternative. Thank you
Yes, seeking to depose the GAL and treating the GAL as a expert witness would be an option if you need to gather information and evidence against the GAL to be able to impeach their credibility unless you already have your own actual evidence needed to impeach the GAL. If you already have such evidence to be able to impeach her credibility, then you can save money deposing her and you would simply call her as a witness on the stand and get her to testify and then present the evidence you already have to show the court she is lying.


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Customer: replied 3 years ago.

So a notice for production would not do it I suppose. Here's the thing, the ad litem used a fraudulent document written by my ex in the name of a psychologist who treated the kids. It contained brutal allegations of abuse apparently perpetrated by me. GAL had document for 10 months and admits in an email that she based her recommendations on this fraudulent report. By the way, fraudulence was confirmed cuz ex, when I went to depose former psychologist, admitted as much. I want to know if I have good grounds for getting her out because she never checked the authenticity of this report. There was NO signature!!! She is an atty!


 


I also have an email trail of her blatantly lying to me about when she received this report. She said three weeks ago in one email and then forgets she emailed me after this and said she got the report ten months ago. It is insane.

CT courts, unlike other courts do not generally grant requests for production from a GAL as they treat their communication as confidential as they represent the child. However, they will allow deposition. Also, if you have the actual evidence to impeach her testimony you can do so without having to obtain evidence from her or even a deposition.
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Customer: replied 3 years ago.

Thank you... last question... based on what I told you which is all documented by the way, do you feel I have good grounds to impeach her? She almost submitted a completely fraudulent doc to the court that could have really hurt my reputation plus we are nine months into the case with no visitation plan and no therapy which she knows we need. I have to kick her butt on everything. But I feel the fraud and lying is the real problem which she should be impeached about but what do I know.

You would be surprised how many dishonest GAL's are out there who proceed based on their own agendas, so if you can prove everything you say, then you would have grounds to impeach her credibility. Lying to the court and filing a fraudulent document with the court, if you prove it, would also be grounds for a complaint with the State Bar office of disciplinary counsel if she is an attorney and it is grounds for her to lose her bar license.

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