Maine Guardians ad litem Oversight, Training and Accountability

A Guardian ad litem is created by Maine's Courts- from start to finish - with a mere 16 hours of training and a notebook. After this, a  Guardian ad litem is let loose on Maine's unsuspecting public and able to charge $125-$200 per hour.  There is no cap on their charges, no restriction of their activities, no enforcement of the rules they are supposed to follow, no supervision and no oversight.  Unbelievable?  But true!

If in the course of a custody battle you ask for a Guardian ad litem be thankful if you have one assigned that is fair and neutral and that follows the "Rules and Regs" for GALs. If you are unlucky  then be warned that it will be almost impossible to remove the Guardian ad litem. Filing a complaint about a GAL will also be useless.  There are no instructions, no guidelines for consumers to follow and no help from the Chief Judge's office.  Under the current system, Maine's courts look at a complaint from a legalistic standpoint, like an adversarial challenge- and not from a consumer's point of view as a call to a manager to investigate vocational functioning . Currently complaints will resolve nothing in terms of seeking to manage or to correct the behavior of the Guardian ad litem. Maine's courts do not understand the concept of consumer protection from flawed workers. Instead Maine's courts respond to consumer complaints with a process that protects the GAL as "an officer of the court".  It is like trying to remove a judge!

Guardians ad litem can bill what they want and for as much as they want. They do not have to justify their billing and may use the courts in which they work to collect their bills or set penalties for slow payers. Oh, and let's not forget that these bills cannot be discharged in bankruptcy court (there is a good chance you will find yourself there as a result) - and the courts could have you jailed for failure to make payment.

Accuracy and first hand evidence aren't necessary for these "16 hour wonders" to do their required reporting to the courts. They can present hearsay evidence  as fact and most courts will accept it. They do not need to be factual in the work they do and this will slip by unchallenged. Guardians ad litem can make wild speculative claims about events that may/ or may not happen in the future, sometimes referred to by informed critics  as "junk science". The courts will accept these "junk science" claims as fact - and, worse, base judgments on them. They can choose to ignore serious health and child endangerment  issues, and the courts will not enforce the fact that failure to report dangers to children is a violation of state law and is mandated reporting. GALs can endorse social behaviors that most normal people would find shocking and Maine's courts will accept this lack of common sense, if the GAL puts a "junk science" spin on it. The Guardian ad litem system and Maine's family courts frequently appear to have lost any common sense.

Maine has a serious GAL problem that has kept the state in the bottom of national rating systems for years. The role of Guardian ad litem will not go away and change is opposed by GALs.  Further, they are aligned with powerful political forces that fight GAL reform.. The Guardian ad litem Institute and some of its members, who are in Maine's legislature, will lobby to keep things the way they are.  $125 to $200 per hour, no supervision, no enforcement of rules and regs., no oversight looks pretty good!  Why change a "good thing"?. Many of these people are blind to the hurt and anger they are causing - looking down on the public they are supposed to serve and blaming their client for complaining. They are wrong and there is growing public and consumer sentiment to back this up.

Petitioning State of Connecticut Judiciary Committee

State of Connecticut Judiciary Committee: Reform the State's Horribly Corrupt and Broken Guardian ad Litem System

Reform the State's Horribly Self Serving and Broken Guardian ad Litem System


Connecticut's Guardian ad Litem system is horribly broken. Judges are routinely raiding children's college funds, parents’ retirement accounts, and every other asset a family may own and diverting it into the hands of Guardian ad Litems who operate without a system of checks and balance and without accountability. 

Full story and to sign the petition: Guardian ad litem reform Connecticut

Family Courts and our Children..... Is this how Justice is served?

Guardians ad litem, Judges and quite a few Family Lawyers consider the Maine Guardians ad litem issues that have been widely reported not to be a big problem. Or that is has been hyped by people who have special interest and as a result they are stirring things up. Quite often it is pointed out that these people have a gripe about how unfair the final custody agreement is set up as. Or finally that there is not much of a problem because there have only been 2 reprimands in the last 2 years. All of these themes are repeated over and over despite the facts which contradict these claims and despite the fact that Maine's Judicial Branch has shamefully little actual data. It's about "please, don't confuse me with the facts"!

We are presenting a short list of some of the GAL issues consumers have had to deal with. You be the Judge and tell us if you feel Maine's courts were doing their job by allowing these things to happen with no GAL oversight- What follows are from cases both ongoing and finalized.

1. The Guardian ad litem recommended a child's best interest is served by a parent that has a history of mental illness - the other parent does not.

2. The Guardian ad litem indicated that there is nothing wrong for a four year old to go to a bar late at night and witness violence and bad words. This came from a senior member of the Guardian ad Litem Institute.

3. The Guardian ad litem indicated that if a parent went to jail the child would grow up to become the next unabomber. This came from a senior member of the Guardian ad Litem Institute.

4. The Guardian ad litem took no action when it was brought to her attention that a young child suffered cigarette burns. The Guardian ad litem did not report this to DHHS as stated under the Rules for Guardians ad litem. Nor did this Guardian ad litem show she was protecting the interest of this child.

5. The Guardian ad litem made a diagnosis of a child's current and or future condition. Guardians ad litem do not have the authority to make a diagnosis nor do they have the training to do so.

6. A Guardian ad litem recommended that a 3 year old child was better off living with the father over the girls grandparents. The father has a history of drug use, jail time and has sexually molested his child. The grandparents are respectable people. The Guardian ad litem did not protect the interest of this child.

7. In numerous cases the Guardian ad litem has shown disrespect to a trained professional who has a background in child psychology by disregarding professional opinions, or seeking an opinion from another professional that would better fit the GAL's personal biases. This is contrary to the rules which state that a Guardian ad litem must work effectively with other professionals in the assessment of the child or parties to a case.

8. The Guardian ad litem failed to meet the child or the child and parent in a timely manner and failed to form a relationship with the child whose "best interest" they were claiming to serve. This is contrary to the rules for Guardians ad litem.

9. With numerous Guardians ad litem a parent has been made to jump through expensive unnecessary clinical hoops - anger management assessments and psychological evaluations without any clearly specified reasons for the referral from a trained professional, to name a few. These referrals were made by the GAL alone and were done with no reason, no goals and no time lines for duration.

10. In being a reporter of the court Guardians ad litem are supposed to establish a relationship with the child(ren) in the case. Often the Guardians ad litem with feel that they know the children enough to make life altering decisions after only 20 or 30 minutes. In one case the Guardian ad litem made life altering recommendations without ever having met the child in question.

11. With numerous complaints against Guardians ad litem there are claims of bias and the GAL failed to offer objective reasons for recommendations or actions. Guardians ad litem are supposed to be neutral reporters for the court.

12. With numerous recommendations that Guardians ad litem have filed in courts - one of the common complaints is the accuracy of information contained in their report. For instance we have seen the following:

• Bills that are not transparent and impossible to understand.
• Names that are not recorded correctly.
• Time lines that are not accurate.
• Dates that are not accurate

13. Facts that are wrong, which the GAL refused to correct despite objective evidence. As a reporter of facts these Guardians ad litem failed to fulfill their most basic job requirement.

14. In numerous cases the Guardian ad litem had ex parte communication with the Judge. While this is allowed by the courts it is also stated that in fairness the Guardian ad litem must let the parties know of this communication - unless it is not 'in the best interest of the child'.

15. A Guardian ad litem knowing that a parent was incapacitated by prescription medications for several days out of a month felt that the young child was better off with this parent. The other parent had no history of drug use, mental illness nor violence.

16. In several cases the Guardian ad litem contradicted his/ her self on visitation recommendations. Changing what had been agreed upon. This often at the last minute and with no notice to the affected party.

17. The Guardian ad litem coached a parent on a psychological evaluation. This after he had already taken one and the results were not satisfactory. This action came from a senior member of the Guardian ad Litem Institute.

18. A Guardian ad litem producing a bill that represented 26% or the combined income of the parties involved in the divorce.

19. Limiting the time allowed with one parent - thus harming and in some cases destroying the bonds between parent and child. This being done contrary to M.R. Civ. P.Section 1653 (1) - "to assure minor children of frequent and continuing contact with both parent after the parents have separated or dissolved their marriage and that is the public interest to encourage parents to share the rights and responsibilities of child rearing to effect the policy.”

Maine has the distinction of being at the bottom in terms of our children. Is this really the way life should be for our children? Is this something that we should be proud of? Yet there are forces that are resistant to the thought of change. These are the same people who are and have been telling us there is no problem. Please contact us at MeGALalert@gmail.com and tell us your story.

Maine's courts ignore Rules and Standards for Guardians ad litem

The Rules and Standards for Guardians ad litem are posted on the Maine's Judiciary web site. The rules and guidelines are there for the public to view. To help them understand the process that the courts and Guardians ad litem must go through and adhere to while caring out their job and responsibilities.

Unfortunately when it comes to the Rules and Guidelines it is not known whether Maine's courts and Guardians ad litems really must follow them. In the past two years there have been 28 complaints that resulted in 2 reprimands. One written the other verbal which eventually resulted in dismissal of those Guardians ad litem. Guardians ad litem and the trade organization Maine Guardian ad litem institution point to this static as proof that the current system is working the way it is supposed. What we are not told is the reason for these dismissals.

The two reprimands had nothing to do with:

• A child being burned by cigarettes – Section 6 (6.1) Mandated reporting: Where a “Guardian knows or has reasonable cause to suspect that a child has been or is likely to be abused or neglected” is supposed to report to DHHS and it is not.

• A Guardian ad litem must meet and establish a relationship with the child(ren) in any case. Section 2 (2.2) “Meet and Interview Child. Establishing and maintaining a relationship with a child is a foundation of the Guardian's duties.” - 30 minutes with a child does not constitute a relationship with a child(ren). Yet many Guardians ad litem only meet with child(ren) for not much more than this.

• Under the rules section 3 (3.2), (12) “Working effectively with other professionals involved in the assessment or treatment of the child and/or parties to a child's case” - Guardians ad litem often use psychological testing as a weapon to control a party. This is often used time and time again against the party in question. If the party in question refuses the Guardian ad litem will use the court to force the issue. The use of professionals or programs by Guardians ad litem are without boundaries, goals or endings. They pose a huge financial burden on the party that it is being used against. This is not working effectively.

• Guardians ad litem often do not explain the court process to child(ren) as they are mandated to do under section 3, (3.3).

We have on file over 25 complaints against Guardians ad litem that have merit. These are not complaints where the person complaining is upset with the outcome. These are complaints against the process that was used. These are complaints that we have collected since June 2012. These complaints under the current broken system would all be rejected and the Guardian ad litem would be exonerated. Maine is at the bottom for a reason. It is not because, as some would have us believe, that they system is working as it should. Maine is at the bottom because the Guardians ad litem operate in a system where they can do what they want with no repercussions.

For more information contact us at MeGALalert@gmail.com

What is happening with Maine's Guardian ad litem reform?

Maine's Judiciary at the beginning of summer made efforts to display transparency in their efforts to reign in the issue of Guardian ad litem oversight. To date we have heard very little about what is going on and whether the outside consultants (National Center for State Courts) have made any recommendations at all.

The Judiciary is a tax payer funded institution and we have a right to know what is happening. What changes are being recommended? What has Maine's court system put into place? Or will this continue to be behind closed doors as is much of what happens with Maine's Judiciary?

Time will tell - and during this time more Maine families will continue to be hurt.

For more information please contact us at MeGALalert@gmail.com

Employment opportunity helping Maine's children $100 - $200 per hour!!!

Do you want a high paying career with the potential of earning between $200,000 and $400,000 a year? Can you sit through 16 hours of lectures over three days? If so then you can become a Guardian ad litem and work for Maine’s Judiciary.

The benefits? A binder with loose instructions on what a Guardian ad litem must do. No supervision. No worry about making mistakes. Best of all knowing that Maine’s Justice system will force collection on any bill that you present!

The above ad is made up and is not all that far from the truth. In the state of Maine if you are a lawyer or social worker you can easily become a Guardian ad litem. To do so requires only 16 hours of lectures. There is no test in the end to see if there is an understanding of the concepts discussed, there is no mentoring program administered by the courts. You walk out with only the lecture and a loose leaf notebook to start your career. Upon becoming a Guardian ad litem you can count on Maine’s Court system backing you up. Your recommendations no matter how over the top they may be will be accepted as fact. In no other court that we are aware of is hearsay accepted as fact. As a Guardian ad litem if you have issues collecting from one or both parties involved this is not a problem because Maine’s courts will force the parties to pay by garnishing wages or putting a lien on your home to name a few of the strong arm tactics employed by the courts. There is no step that is too extreme for Guardian ad litem bill collection – keep in mind that it is all done with the child’s best interest. Finally, the role of a Guardian ad litem can profoundly change the way a broken family interacts, and what you do is protected with immunity by Maine’s Court system. It is impossible to remove a Guardian ad litem in this state. Any complaint no matter how horrific the Guardian ad litem may have been is a wasted complaint. Currently there is no functional due process for families.

Maine’s Court system is currently going through a process of trying to repair issues with the Guardian ad litem program. Although the Judicial Branch should be applauded for its efforts in trying to fix many of the problems it should be pointed out that it has taken years to get to this point. It has taken far too long, and there have been many families hurt by a process that is meant to help, but by design only hurts. Maine’s families have suffered enough.

Please contact us at MeGALalert@gmail.com if you have had issues with a Guardian ad litem.

The content on this site is for informational and educational purposes only and should not be considered legal advice

Forced to buy Lemons at Gunpoint

When there is no oversight, no supervision and no enforceable standard for Guardians ad litem, the public is forced to buy an unknown product by the Judicial Branch, which creates (or rosters) them. More and more Guardians ad litem come out of the Judicial Branch "factory" which has no factory inspection, no test drive and no certificate of quality. To put it baldly, the Judicial Branch has no idea about whether the wheels will stay on the car when it is driven at normal speed and no "factory recall". Furthermore, the market for this product is totally controlled by the Judicial Branch. Courts can demand that couples going through a divorce and child custody battle must buy this product while providing no quality assurance.

Lemons for sale! And, no, you can never get your money back, or trade your "lemon" for a functional car. We are distressed that there is no functional system for making a complaint about Guardians ad litem who are "lemons", and we ourselves are rapidly acquiring an ever lengthening list of "consumer complaints" about "lemons" and the hair raising details behind these complaints. We are considering various ways of informing the public about "lemons".

We are gaining an increasing awareness of the Judicial Branch Guardian ad litem complaint process, as it passes through the "oversight" of  Judge Charles LaVerdiere. We feel no confidence in his process for handling serious Guardian ad litem complaints from the public. He provides only the briefest, flimsiest of instructions for complaining consumers, and there are no criteria for what might be categorical reasons for making complaints. His assessment of complaints seems opaque and secretive for someone charged by the Judicial Branch with assuring quality for the public. We sense that if the Guardian ad litem being complained about says, in effect (and without challenge), "The complaint is a lie," that is the end of the matter. The judge doesn't act like a man who wants to know more- or to look more deeply. The public complaint is taken into a dark room at the Judicial Branch and smothered! And the consumer is sent a "case dismissed" reply with no reasons for dismissal.  End of story! On this inadequate, secretive, "oversight" process, the Judicial Branch and Maine Guardian ad Litem Institute (Guardian ad litem trade organization) proudly boast, "Only two Guardian ad litem reprimands in two years; one verbal, one written!" When you lift up the rug and look under it, it is not confidence inspiring.

This raises important consumer issues for a democratic society. Should consumers be forced into using and paying for "lemons", by the courts? Guardian ad litem fees at $120.00 to $200.00 per hour (in an un-itemized Guardian ad litem bill), can run to totals that range from $12,000.00 to $19,000.00 to $34,000.00 or more. The money is not insignificant for middle class couples.  It is a hefty price especially for a "lemon" with no quality assurance and no consumer protection.  It is a further outrage When the hapless consumer who refuses to pay for a "lemon" gets hauled into court by the Guardian ad litem in attempts to force payment, garnish wages or impose a jail sentence! Are we living in 18th century Europe or 21st century America? It looks like Guardian ad litems and Maine courts want to resurrect the long gone, long abolished, hateful "debtor's prison"!

The Judicial Branch's Guardian ad litem program is beyond broken. It badly needs a total overhaul and the public needs relief and protection from the barbarism of present practices. The financial impact of Guardian ad litems on the public is devastating a form of cruelty that should be unacceptable in a civilized society.


The Guardian ad litem program should be halted until it is repaired and the Judicial Branch can guarantee the public quality assurance.

Please contact us at NationalGALalert@gmail.com

When is Burning a Child with a Cigarette Okay?

There is a case in Maine that has run its course through the system. The case is a perversion of Justice and the father has been put through the wringer by the Guardian ad litem.

The father recently filed a complaint with the head Judge – Judge LaVerdiere – in which he complained about the Guardian ad litem and the neglect this woman showed for the case and the child. This father was and still is upset with the medieval process that he and others have to go though with the Guardians ad litem assigned to their case. There is a shopping list of why this Guardian ad litem practiced neglect and bias – throwing any shred of common sense out the window and not looking out for this child's best interest.

1. This Guardian ad litem neglected the child’s safety. Several years ago in July it was brought to the GALs attention that his son was burned – it appeared that the burns were caused by cigarettes. In addition there were several large bruises on his shoulders that his son complained about. The father sought treatment for his son as any good parent would do. He also complained to the Guardian ad litem.

According to the rules for Guardians ad litem if a GAL knows that a child has been abused he/ she must make an immediate report to DHHS. In this case the GAL did not report and dismissed the fathers concern. In addition the father was accused of causing trouble – which could be true if a parents concern for their child is causing trouble.

2. Despite the fact that the father has no history of drug or alcohol use or mental illness he was forced to have mental evaluations done so that he may have limited supervised visits with his child. These visits are limited to once a week for a few hours. In addition he was forced to have an assessment done for anger management because the Guardian ad litem felt the father had issues in controlling his anger. This father did what any parent would do when faced with the threat at losing contact with their child. He complied. The Dr. doing the evaluation pointed out that the fathers perceived anger was justified considering the harassment he was getting from the Guardian ad litem. The Guardian ad litem chose to ignore the findings of this Dr – thus disrespecting the opinion of a professional and making a diagnosis of the problem. This Guardian ad litem (and this would also apply for any Guardian ad litem) has no authority to make a diagnosis – never. This Guardian ad litem under rule 3, 3.2, 12(a) is supposed to work with other professionals involved in the assessment or treatment of the parties involved. She clearly did not.

3. This Guardian ad litem showed bias against the father. In addition to the assessments the father was forced to take – this despite the fact he had no history of violence, mental illness or alcohol and drug use – the mother was never asked to do the same. The mother as part of her daily regimen of coping with life is on a mix of ten plus drugs that includes - Vicodin, Oxycontin, Ativan, Neurotin, Phenergin and Medicinal Marijuana. The child was placed under the mothers care despite the knowledge the mother was often incapacitated by these drugs. Is it any wonder the father may have shown frustration towards the Guardian ad litem's recommendations?

The Judgment of this Guardian ad litem is clouded. Both the rules and standards state that a Guardian ad litem must make well reasoned and defensible recommendation regarding the best interest of the child and be an independent voice, free of bias. In all three points it is questionable whether the child’s safety was taken into consideration. Certainly the 'best interest of the child' was ignored. These points and others were cited in the complaint to Head Judge LaVerdiere. He went through and weighed the rights and wrongs – and in the end decided, upon consultation with the Guardian ad litem, that this Guardian ad litem did nothing wrong. Well at least nothing that would warrant even the light slaps on the wrist that Maine's Judiciary has doled out to their GALs. You be the Judge and let us know if the Guardian ad litem was right or wrong.

email: MeGALalert@gmail.com

For more information on the rules and standards please follow these links:

Rules: http://www.courts.state.me.us/maine_courts/family/gal/rules.html

Standards: http://www.courts.state.me.us/maine_courts/family/gal/standards.html