What do you know about your Guardian ad litem?
A Guardian a litem
has been appointed to be a part of your custody case. Here is a stranger that
is invading your life in the name of your child's best interest. This person is
going to be making life altering decisions and recommendations to the court that
will impact your life and that of your child for years to come.
What can you find
out in Maine about this person's background and professional standing as a GAL?
Nothing.
You have to accept
on faith that this person is going to perform their job as a GAL competently. You are going into this
deal blind, because in many states there is not currently any form of
oversight, accountability or consumer protection when using a GAL's service.
One simple and
effective measure of GAL quality and accountability would be for the Judicial
branch to post online, any complaint or action against a GAL. This might be for
something as mundane as not fulfilling the continuing education hours, to more
serious complaints on the family and superior court levels.
New Hampshire is one
state that does this. New Hampshire also lists on the court's rosters whether
or not a GAL is under suspension. Although this approach is not perfect it does
allow the consumer to know whether or not there have been past actions against a GAL and for what reason. It allows the
consumer to decide whether or not being late on continuing education is a deal
breaker for example. Or if there are other reasons or actions that might make
you question whether or not this GAL will be a good fit. It gives the consumer
the ability to make choices and to do so from an informed perspective.
There is no consumer
protection for the user of GAL services in many states. There is plenty of
legal liability protection for the GALs themselves who operate in a very
protected legal environment. The Judicial branch of many states needs to be
using some standard data management tool for holding GALs accountable by giving
consumers online warning signals about a GALs past performance. Making their
past record transparent and public is one way of doing this.
Otherwise - with no
public information - the Judicial branch risks marketing a defective or
substandard product to the public - Again.
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