Forum: Protect children, not lawyers — The Washington Times
March 5, 2006 | Posted by ANCPR Forum: Protect children, not lawyers — The Washington Times
The debate over a bill before the Maryland General Assembly offers the public a glimpse of the torments parents endure in family court. This “emergency” legislation — put forward by lawyers to restore broad immunity to guardians ad litem (GALs) in child custody cases — directly pits parental interests against lawyer interests.
The legislation is in response to a recent Maryland Appeals Court ruling allowing GALs to be sued for malpractice like any lawyer in private practice.
One father who testified against the bill, told how 4½ years ago, he lost his bid for custody of his 5-year-old son even though his former wife was engaged to a convicted child molester.
The GAL, who opposed father custody, completely ignored the grave danger to the child. The father’s worse nightmare was realized. His son, now 9, told Washington County authorities last month that his stepfather had sexually abused him and two friends, beginning shortly after his mother married the convicted offender and continuing through last Christmas.
While the stepfather is now in jail, the boy’s father wonders how his son’s life can be restored, and why a GAL who makes such an egregious error should not be held accountable.
Lawyers would have the public believe such cases are rare. Of course, a mother rarely marries a convicted child molester, but guardian incompetence, or a guardian serving self-interest rather than the child’s interest, is common.
GALs are lawyers appointed by the court to somehow “objectively” represent the children’s interest in a custody case. Unfortunately, the inherent self-interest of a GAL is to prolong the case as much as possible, which can be done by putting off decisions or favoring the belligerent party.
In my 15 years of fathers’-rights activism, I have seen this pattern repeatedly. That is why in the book I wrote to warn fathers of the perils of divorce court, I advise them to do whatever they can to avoid having a GAL appointed.
Anyone who has spent time within the subculture of divorce, knows lawyers (even lawyers who sometimes take GAL assignments) scoff at the guardian system as “welfare for lawyers.” You even find this scorn in writing.
For example, in 2003, after South Carolina passed the Private Guardian ad litem Reform Act, the magazine of the South Carolina Bar Association published an article by Robert Rosen, a prominent Charleston divorce attorney, titled, “Getting rid of the GAL: How to save your client from those expensive, unnecessary officious intermeddlers.” The title says it all, but let me quote:
“The biggest problem is that there is no need for guardians at all, and lawyers now have a golden opportunity (and, in my opinion, a duty to their clients) to do away with GALs in most custody cases. I have rarely been involved in a custody case in which the GAL contributed anything except to the cost.”
In 2003, The Washington Post ran a series of articles on the abuse of elderly people by court-appointed guardians in the District of Columbia. The series documented how guardians siphoned exorbitant fees from their clients (one bill reached $185,000), often did not visit their clients for years and could be kept on cases by their judge friends even when the “client” sought their dismissal.
These abuses are paralleled in child custody cases. In May 2000, for example, Dallas News station WFAA reported on guardian ad litem Kip Allison, who submitted a bill for $65,000 for 64 days work — a fee of more than $1,000 a day — to represent a 9- and 13-year-old brother and sister.
Mr. Allison acknowledged that out of the 310 hours he billed on the case, he spent only two hours talking with his child clients. But the children disputed that account. They said he had spoken with them once, for 20 minutes.
Family courts are a system of terror for parents and children. Allowing malpractice suits against GALs is a small step toward bringing one abusive aspect under control. Lawyers supporting the immunity legislation argue the new ruling will have a “chilling” effect on lawyers’ willingness to take GAL cases. If it does, that will be good for families.
Maryland lawyer-legislators would like the public to believe they are seeking immunity for lawyer-guardians “for the benefit of the children.” But they are seeking it to maintain one of family law’s rich income streams. Maryland legislators should be ashamed to vote for such a bill; and if it passes, Gov. Robert Ehrlich should have the decency to veto it.
ROBERT SEIDENBERG
Author of “The Father’s Emergency Guide to Divorce-Custody Battle: A tour through the predatory world of judges, lawyers, psychologists, and social workers in the subculture of divorce.”
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19 Comments »
I had a hearing in Maryland in July od 2005 and the custody order was reversed and give to my ex husband. I raided my son for 15 years. There was a gal appointed for my son and was requested by my ex husbands attorney. The gal did not do his job accordingly. Given the facts that my ex husband was convicted for counterfeiting and used my sons social security number to obtain credit the gal ignored everything and requested my son live with his father with me receiving minimal visitation and that Iwas to pay child support. Since July 31,2005 I have not seen my son because his father is denying me visitation. I cannot obtain another attorney due to my current financial situation. I am very devastated along with my two younger children that we have not seen him nor have we talked to him. I feel like I have received an unfair hearing and lawyers are crooked as well as judges and masters. I believe it is who you know and how much money you have if you want to win and they are not looking out for the best interest of children but, only money.
Here we have yet another case of “Failure to Communicate”. Who perpetrated the myth that justice is done in family court? And why have we allowed it to continue so very sadly long? The people and thier kids get daily abused and destroyed in America, anyone who dares enter these Halls of Lynchers. I may not reside in Maryland but the same sad story was done to my daughter as the one offered above. The Gal, Fulbright and Jaworski, Justice for Children, Edward Silvermen, Jean Guez all conspired to give our daughter back to an evil demon who was out committing a major felony while she was receiving the free attornies to render my daughter unto the clutches of her sick mother and a sexually abusive step father.
I say if you can find an attorney to help you…sue the hell out of them. Its one of the few things they understand.
This is in response to my comment above. Not only was my child taken from me but I had to pay a hefty portion of the GAL’S attorney fees and my ex husands attorney requested him. There is a huge problem in our court system. Basically it comes down to who you know and how much money you have not the best interest of the children. My sons identity was stolen from 1996 to 2001 by his father including a past criminal history and the courts ignered it. Where is the justice!
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My Ex has a friend who works for family court or probation and that person has taken my complaints that were going to be used in court against my ex for causing medical issues to my daughter and called my ex that same day to let her know what I was about to due. I am not an attorney but I believe that should be a federal offense for giving out pertinent information to an ongoing child support case. My ex admitted that someone had told her what I was trying to do. There was only one person who I talked to and that was a woman from family court who told me my probation officer was out for the day. Five minutes later I see my officer walk out of her office and they came up with another excuse. I am trying to find the right Attorney to go after these criminals for Corruption that goes all the way to the top of probation in Somerset County. I’ve already written a letter to my congressmen and to our Govener and will be writeing a letter to the President to let all of them know how Corrupt the Probation system is and to think that I am paying for this corruption with my TAX dollars. PS, I will be bringing my story to all the newspapers this was only one issue, there are many more!
why is it that a woman can get an obortion and and the father have no say? because they both created the child and neither use contraceptive to prevent it from happening….in most cases,….isnt that murder termination without consent of parent….father forces mother to terminate and he gets charged,to life for murder of mother and child why not the other way around…..just a thought,because of womans neglagents on more than one case ive lost kids to miscarriage and nothing can be did about it…..i think everyone should be held at the same standerds for actions.you can be punish for neglect or punish for discipline by cps and the courts,but when children are shooting up schools you look at the parents…i have alot to say but there just opinions
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My ex is suing me for failure to pay child supprt – I paid the amount but in cash – its almost 40k he is asking for – what should I do? Pl. help
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When are we as a society going to get the cp system overhauled and inforced. In Texas it is the worst. In San Antonio Tx it is even worse than the rest of the state. None are good. Judges in San Antonio Tx take it upon them selves to abuse the father without a thought.
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I don’t know where else to ask. Yesterday my fathers wife took off with their son, he is 9 years old. They are in a shelter somewhere and she is claiming verbal abuse. My father says she has been to a psychiatrist in the past and he prescribed medication, without her meds she is a loose cannon. What rights does he have? He is a good father, loves his son and has worked hard for him. What can he do? What should he do?
Really can not imagine how many children are abused yearly.