"Because my ex abused my son/ daughter, this stranger (GAL) is deemed a more capable parent than me"

Parents 'prescribed' court ordered anger management.

Is it any wonder then why any parent when faced with a similar situation would feel anger towards a custody situation they find themselves in? Court vendors (Guardians ad litem, Parental Coordinators and other court experts) have been “prescribing” courses in anger management for quite some time. One Senior GAL is on record for recommending this because one of the parents was “caustic and controlling”. Are these parent(s) who are given these “prescriptions” by court vendors really in need of anger management? Or is this the “prescribers” attempt to control (and need to punish) the parent(s) as a result of an unfriendly or hostile interpersonal situation? The courts and court vendors appear not to have given much thought or “prescriptive” precision in recommending “anger management”.

Anger is an emotion and is not recognized as a diagnosable form of mental illness by the American Psychiatric Association. Anger is not a primary condition but is a secondary emotion and is a part of many situations. The courts order and or prescribe “anger management” without the knowledge, skill or professional experience to know what they are doing with this alleged tool. The courts and their vendors(GALs, Parental Coordinators and Special Masters) are not clinicians trained to “prescribe” anything, they are reporters to the courts. In making these 'prescriptions' the courts and officers of the courts never describe the anger as being mild, severe, appropriate, inappropriate, controlled or out of control. If it is secondary to psychosis, drugs or alcohol or whether the anger is threatening the safety of others. In 'prescribing' therapy the courts and vendors of the courts do not set goals or an end point to 'anger management'.

So are the courts helping the parent(s) that are 'prescribed' treatment or are they delving into an area that they have no business being involved in? Causing more harm to the parent(s) in an attempt to control and manipulate them. It appears that the courts in 'prescribing' 'anger management' are doing nothing more than playing witch doctor in their pseudo-psychological, court 'prescribed' punishment for what is perceived as bad behavior. The reality is that the parent(s) are showing their frustration with a process that is so twisted and warped that it is devoid of any reality.

If you have fallen victim to court 'prescribed' therapy please contact us at NationalGALalert@gmail.com for support or like us on Facebook for up to date information.

Your voice and opinion matters - please take a moment to take our anonymous survey on the state of Family Court [LINK].

Maine - A Response to the Proposed Repeal and Replacement of Maine Guardian ad litem Rules

Hon. Leigh Saufley
Chief Justice
Maine Supreme Court


Dear Chief Justice Sauflley,

I am responding to the request from the Judicial Branch for comments from the public  on the proposed “new” Rules for Guardians ad litem. In my opinion, they are badly off the mark, if their aim is to help the majority of those public consumers, who might use them to understand how GAL’s function and how to make a complaint about a GAL’s defective performance. Perhaps unintentionally, they seem to distort the aims of the Maine legislature and the Governor who created the law in 2013. The Dutremble law was aimed at clarifying GAL functioning with appropriate boundaries and protecting consumers of Guardian ad litem services from abuse by GAL practitioners. The proposed “new” Rules, as I read them, shift aim and focus of the 2013 Dutremble law, and, by proposed regulation seem designed to defend and protect GALs, as members of “the legal guild”. Self-represented consumers of service are out of the picture altogether.

The proposed “new” Rules are lengthy (77 pages), often ambiguous and subject to many escape clauses. There are many statements in the Rules that are followed by exceptions to the rule. This oppositional duality throughout the Rules  neutralizes and confuses the intent, meaning and strength of the initial rule, and it probably reflects the anxiety of  “stake holders” on the working committee, who created the document. They may not want to be hampered or hemmed in by any Rules.

The section dealing with consumer complaints (see page 35 RULE 9. Guardian ad litem Review Board Complaint System) about GAL services is written in complex legal language, full of references to other laws, unfamiliar to the general public. It prescribes a labyrinthine, multi layered procedure for making a complaint. Even relatively trivial, minor complaints must follow this protocol. As I read it and imagined using it myself in a ‘pro se’ effort, I felt shut out and stymied. The complaint procedure is written by lawyers for lawyers. It also proposes that all consumer complaints be managed by the lawyers'’ “guild”, the Overseers of the Bar, considered a formidable entity by most of the public. The complaint procedure is an airtight, legalistic, time-consuming, intimidating piece of work that virtually no untrained, unrepresented “consumer” will be able to use to complain about service. Preventing complaints from self-represented members of the public appears to be its purpose. Kill all public complaints with legalistic complexity. "Pro se" be damned, is the message I read!

The most troubling problem is represented by the authorship of the proposal “new” Rules for GALs. It appears to be the work of a “Stakeholder’s committee”, almost exclusively members of the powerful “divorce industry”. The authors show no consideration for how a ‘pro se’ (self represented person) is supposed to use the arcane, complaint “tool”. As you reported to me earlier this year, a startling 74% of family court users are ‘pro se’. It is being proposed by “stockholders”, who authored it, that this 74% majority be given a complex, “legal tool” that they will be unable to use in making a complaint about GAL service. The Rules, as a tool, by their complexity, would exclude the majority of public users from making a complaint on their own. Shouldn’t ‘pro se’ persons also be considered significant “stakeholders”? Their stakes are their children, their time and their life savings; not professional financial advantage. Their kids are priceless to them (and to all of us) and represent future, valuable human resources for Maine. Why are ‘pro se’ stakeholders denied a seat at the table that would reflect their proportional, numerical dominance in courts? It might be viewed as an exclusionary problem of vast proportions that needs correction in the interest of public fairness, and in the interests of reality. It is an awkward commentary on family courts in a democratic society.

We need to understand the present reality that Family courts at this time are no longer  the exclusively purview of an  elite, professional group of the legal profession when 74% of users are self-represented non-lawyers! It is time for everyone to awaken to these startling facts and address the  major, unstoppable systems change that is going on right now!

It also should be noted that the public complaint protocol is the only “quality assurance” mechanism for the public governing the actions of Guardians ad litem. Without supervision, with just 18 hours of “education”, with quasi judicial immunity, with no meaningful “oversight”, a complaint from a consumer is the only way to request  major or minor “corrective action” for a malfunctioning GAL. If this procedure is so complex as to be unusable by non-lawyers, GALs are essentially in a position of being granted secular infallibility by the Judicial Branch. One has to ask rhetorically: “Don’t GALs ever need some form of  correction; are they always “perfect?” Can’t one find a more responsible way to correct and improve their function?

My opinion is that the Judicial Branch needs to go back to the drawing board and begin again in writing new Rules for GALs. It needs to include proportionally the biggest group of players in family courts, the 74% ‘pro se’ users, on any planning committee addressing “officers of the court”. It needs to approach the whole issue of GAL management in a much less defensive, overprotective manner. It needs to listen to and care about the  systemic changes catalyzed by amazing numbers of ‘pro se’ representatives. The present document is “tone deaf” to ‘pro se’.  Is this its aim, or is it impossible for the Judicial Branch to escape the political influence and power of the divorce bar?

We sincerely hope this document can be rewritten in tune with current realities, and with participation of those who are major users of the GAL system. Would it help the Judicial Branch to overcome the powerful, internal, self-serving, lobbying politics of the “divorce industry Bar”, if there were to be  grass roots legislation empowering ‘pro se’ representatives on JB committees and throughout the family court system?

Your 74% ‘pro se’ statistic is a powerful number that  cries for legal fairness and appropriate democratic empowerment!

Sincerely,

Jerome A Collins, MD
Kennebunkport, Maine

For further information on the Family Court and divorce industry crisis please email at MeGALalert@gmail.com or find us on Facebook.

For further reading:

2014-05-28 PROPOSAL FOR AN AUDIT OF ‘PRO SE’ REPRESENTATION IN MAINE FAMILY COURTS

2014-03-18 Maine Voices: We must work together to ensure justice truly is for all in Maine - a response

A Basic Tool Kit for Grass Roots Family Court Reform

We have been asked by many people how we got MeGALalert, our Family Court and Guardian ad litem Parent Coordinator reform program, started and what beginning grassroots activists should do to get going?  We grew our program, MeGALalert by stages and degrees, learning by trial and error as we grew.  We quickly set two fixed goals: (1) education of the public about the need for reform of family courts and Guardians ad litem, and (2) legislation to produce change.  We feel that you can’t have legislated change for these dysfunctional systems without an enlightened, aware public that will support and push for change.  Legislation also requires that we  educate legislators about the family court and Guardian ad litem problems, and also that we help voters connect with legislators and- as constituents/voters - express their views and their wishes. Family court systems  are not anything that can be “fixed” quickly, because there are huge systemic problems and powerful internal forces that support  the dysfunction of family courts, and that keep dysfunction alive, well and growing. Long ago, we were instructed by one sophisticated  lawyer: “Follow the money!”

What we are outlining is a well planned systems intervention in a massive system, and it cannot be done quickly or without a well designed strategy and tactics, nor can these be effective without tools for intervention in all parts of the system.  Obviously, this is a complex undertaking.  We are always glad to share our thoughts and our approach, but to do so would take more than a simple, single blog posting.  We’ll start by giving a brief list of important generic systems intervention “must have”  “tools” that you may find useful in changing family court systems:

1. A blog or two (or more) with different focuses that will serve multiple purposes: give news, present issues and problems, make proposals for change and allow for public "conversations".

2. A Facebook page dedicated to court reform in your state, which can present more short-term "reform news" and sharing.

3. Building a base of credible political supporters, larger numbers of both friends and “victims” of the family court system.  E-mail addresses (and list-servs) for this group are critical, precious, invaluable .  One rule to follow: ALWAYS BLIND COPY (bcc)  MASS MAILINGS FOR PRIVACY).  Telephone numbers and physical addresses are useful also.  We started with our family court story (disaster) in a local weekly paper that got the attention of other family court “victims” who contacted us - and the rest is history as the numbers grew and grew.

4. Once you get stared, a core group of friends with a "work ethic", who can be counted on to help with some of the "heavy lifting".  Volunteer manpower, which can stay on top of what's happening in state government that may impact on users of family courts.

5. Getting to know your State Rep and State Senator and continuously educating them on the court reform issues is critical.  Getting to know other legislators, especially those who have gone through divorce and custody horrors.  “Victims” of family courts in the legislature are “golden”.  You also need to know which legislators are your enemies and “frenemies” , Which legislators will sabotage your efforts and support the ‘status quo’?  HINT: look for legislators who are lawyers!

6. Getting to know your state Governor and your Chief Justice.   Governors can submit bills and can veto bills, but they too need education.  Justices often want changes in the courts but they are constrained by their political base: the state bar and state lawyers who live handsomely off of family courts.  They hear appeals form family courts and their judgments become case law.

7. Building relations with the all elements of the media.  Know reporters, feed them stories.  Many court reporters are intimidated about journalistically challenging the courts and getting “shut out” of court news thereafter, but sometimes your news may tempt them out of timidity.  Small, local, weekly papers, we find, are most open to reporting our experience - and people do read them. Give them stories. This got us going. Don’t forget social media in all of its many forms.

8. Organize intimate, small showings of "Divorce Corp", the DVD, it is very educational, packs a punch and ought to be a "must see" for legislators and government decision makers.  It is a great “tool” for quick information and attitude change.

9. Make your most important goal: public education about the largely unknown scandal that is family courts in America. Without extensive education of the public you go nowhere.

10. Communicate, communicate, communicate. Keep everyone who writes to support you in the loop, up on the news - good and bad. Answer ALL e-mails asap.

11. Don't worry about money or setting up a nonprofit.  We've done it with no money and no corporation. Money and non-profits have their own problems and politics. We've done it with PEOPLE, who are FRIENDS. The most successful movement that produced massive political change was created by Vaclav Havel, former, Czech president, Nobel prize winner, writer and political dissident.

Finally, don't be discouraged by setbacks.  It is going to be a long term project. Family courts have solid support of a huge, wealthy industry ($50 billion), the “divorce industry”, these lawyers, like the “robber barons” of old, are not going to yield quickly or easily. But ... we have human and moral "right" on our side, and, once we connect, there are more of US than there are of THEM! Vaclav Havel called it “The power of the powerless”.

In the long run, if we keep at it , like others before us who fought injustice...

"WE SHALL OVERCOME ... SOMEDAY..."

MeGALalert can be reached by emailing us at MeGALalert@gmail.com or by finding us on Facebook. There is no magic bullet that can be used to help you with the issues you and your family are facing. We offer support and help in dealing with the family court system.

Michigan - HB 5082 Has passed the Judiciary Committee

Here is an update to a posting we made on June 5, 2014 concerning Michigan bill HB 5082 on Parent Coordinators. Yesterday testimony was given both for and against the bill.

This was a bill sponsored by a lawyer with what appears to be little - or actually no input from those who will have to use this 'service' of the court. The bill is typical in that it lacks any foresight as to the issues this role has when a divorcing family is breaking apart.

Can Kurt Heise (the bills sponsor) be considered a Politician Putting Children First? Or the Divorce Industry?

Guardians ad litem praised for doing a poor job… and a pat on the back

Maine FLAC or the Maine Family Law Advisory Commission issued their recommendations a month ago. The opening paragraphs are filled with encomiums lauding Guardians ad litem and the work they do.  It is hard to understand this high praise after the recent Maine legislative session which proposed significant changes in Maine's out-of-control Guardian ad litem program.  The comprehensive changes were made by the legislature (after study) at the request of citizens, who had experienced a disastrous Guardian ad litem system, which, intentionally or not, inflicted great harm on children and families going through divorce and custody. There were extensive hearings, with heart rendering testimony of cruel and unnecessary hardship inflicted on families and outrageous financial charges for Guardian ad litem services.  It seems inappropriate at best to laud services that the legislature, the governor, the bureaucracy and the public deemed in need of drastic overhaul.  It might suggest to many that the Family Law Advisory Commission " still "doesn't know it doesn't know!"

Furthermore, it perpetuates claims of quality without any data to back these claims.  Lacking data and minimizing the seriousness of the legislative study and subsequent mandate strikes us as a bad beginning to a review of Rules for Guardians ad litem.  The tired old claim that it is about "disappointed litigants and heightened expectations" simply doesn't cut it with the public, the legislature and the governor.  A half year of in depth legislative study, says that no oversight, no supervision, no enforcement of Rules, a non-functional complaint procedure and myriad other STRUCTURAL issues are the root of serious problems in the GAL program. Grass roots disappointment is secondary to a broken structural system that may work for GALs and judges, but it hasn't worked for the public.  Failure to recognize this by the likes of the Family Law commission (and others in the Judicial Branch) is a huge piece of the problem!  Recovery, they say, starts with admission of the problem - any problem.

A big piece of the problem is the continuing reliance of the Judicial Brach on "stakeholders," members of what we call "the divorce industry", who have a strong financial interest in the 'status quo'.  Perpetuating problem solving by "stakeholders" perpetuates blind privilege and out f touch views. It is worth noting that the one "public" member on the commission reviewing "GAL Rules" is a member of Children First, a GAL dominated advocacy group. It is adding another "fox" to the "chicken house security detail"!  There is a need for victims on this commission to help the Judicial Branch take a fresh, open look at things from a grass-roots perspective.  Right now it appears to be more of the "same old same old" attitude.

Letter from Chief Justice Saufley regarding FLAC.

If you have had issues with a Guardian ad litem, Judge or the court system - please contact MeGALalert@gmail.com. Or like us on Facebook for up to date issues. If you want to express your opinion on the Guardian ad litem there is an on going survey about Guardian ad litem performance and cost.

Welcome to the Judicial Information Super Highway

In many states the Judiciary is proud to point out that anyone can sift through cases that are finished. Only to do so will require going to the court house and going though dusty boxes of papers that have your case or the case of someone else..

It is a 19th century filing system in the 21st century.

Imagine going to a branch of your bank and asking for an account balance. The teller cannot  give you your balance and that you must go to the branch where you made the deposit!  Or you call your credit card for account information and you are told that they are counting your charges on paper slips. Your information will be mailed to you. Would this be acceptable? No - of course not in this day and age - you want this information right away and it is available. Electronically.

In our courts this just does not happen.

You cannot look up your case online (unless your case goes before the Supreme Court). You cannot see whether your Guardian ad litem is working on just your case or 50 others - because it is not online. What cases are being heard today in your court - don't go online to find out because it is not there.  About the only thing that the courts have online is the address and contact information you need to get a court official in your court.

The Family Law Advisory Commission (FLAC) has come out with a glowing report for the battered Guardian ad litem program. FLAC comes out and indicates that GALs have played an essential role in family proceedings. That Guardians ad litem have been "instrumental in assuring positive" outcomes for children. FLAC goes further in stating that judges value the services of these Guardians ad litem highly. Guardians ad litem are responsive and professional as seen by the court system.

Yet where is the data to back up these accolades for Guardians ad litem? The data is in cardboard boxes sitting in the corners of our court houses. How many members of FLAC do you think went to our court houses to sift through the 'data' that is housed there? More than likely - None.  In other words the data used for the report - much like the data the courts appear to use - is based on the "feeling" or subjective opinion that Guardians ad litem are doing a great job. There are no hard numbers. There is no data. Well there is but for the sake of repeating - that data is in cardboard boxes sitting in the dark corners of our court houses. All readily accessible  by driving from court house to court house.

There is a demand for hard data in the new law...

Or….

The alternative is buying Chief Justice Saufley a speedy motor scooter so she can get on the Judicial Information Super highway and search those cardboard for that glowing Guardian ad litem data.


For more information please contact us at MeGALalert@gmail.com or follow us on Facebook.

Is this Child Endangerment or Just a Legal Formality?

On July 8, 2013 for the first time a bill was signed into law that attempts to control the actions of Guardians ad litem in the state. To control the Judicial abuse that many parents have to deal with as a result of a divorce and or custody in Maine. July 8, 2013 while Governor Paul LePage was signing that bill our Judiciary was displaying the sensitivity that it has come to be known for. A parent who has been battling the courts and his ex for prescribed medical treatment that his son is in need of had asked the courts to look at and address this issue. This was denied that day by the higher courts.

Can this be considered a form of Child Abuse? Is this why so often we find that Guardians ad litem do not report abuse to the courts?

This parent has the prospect of going to court to fight a system that is turning a blind eye to a problem. Better to push the problem off on someone else than deal with the problem now. Will the courts be held accountable if this child comes to harm as a result of this negligence?

Several years ago there was a case where the father of a child that hit a brick wall when trying to get answers from Maines department of Health and Human Services (DHHS). It was in many respects similar to this case. He was told that the acting mother did not have Maine Care insurance yet (this from both the acting mother, Guardian ad litem and the attorney for the mother). It was discovered on a visit to the doctors by the father that the acting mother had the insurance for her half brother - and had it for several months. In trying to secure a card for his son the father went to DHHS directly only to be told because of HIPPA regulations they (DHHS) could not talk with him about his son nor could the father request a card for his son. In fact DHHS could not even admit that the child was even in the system to the father. The acting mother was asked to give permission to DHHS so that DHHS could speak with the father - this was denied by the acting mother. The Guardian ad litem did nothing to help. The father's lawyer became involved only to be told the same thing. That the father of the child was not entitled to any information about his son that DHHS had on file unless the mother or acting mother gave permission for this to happen. In effect the father - was being prevented from caring for his son - yet was responsible for the medical care of his son. Information about his son was being kept from him by a system that essentially was saying that who ever got there first was in charge - this was admitted by several DHHS employees that the father talked with. In the end the father through his lawyer was able to secure a Maine Care Card that would allow him to take his son for treatment. Was this necessary?

One has to ask - how can a parent do what is right for their child(ren) if he/ she is prevented from doing so. If information or services are denied to a child for the mear reason of hurting the other parent. In the end the parent that is denying access (or at least making it hard to come by) is directly hurting his/ her child first and the other parent second. In the current case that is going on the courts have been put on notice that there is child neglect going on as the child is being denied his prescribed medical treatment. Court officers are mandatory child abuse and neglect reporters who must take action to protect the best interest of the child. While the higher court in this case appears not to want to steal the lower courts thunder - this parent approached the higher court because the lower courts were delaying any judgement. This parent has the prospect of waiting months before a judgement will be rendered. Meanwhile this parent's child will continue to go without treatment.

If you have conerns about a Guardian ad litem, Parental Coordinator or a Family Lawyer please contact us at NationalGALalert@gmail.com or stay up to date at Facebook.

We also encourage you to take our survey on Guardian ad litem performance which can be found here: GAL Performance Survey.

This country is not the only area where there are very real issues surrounding the family court system. In Canada – where there has been ongoing problems within their family court system – the Supreme Court of Canada has ruled that an overhaul of the system needs to take place. That the family courts have operated in a dysfunctional way for decades much as they have here in the US. In this country though there is a resistance to any kind of much needed reform from our courts and the divorce industry – this is one of the reasons why in several states there is a push for reform of the broken Parental Coordinator program.

Presented below is some of the article from the Globe and Mail:

Report to Supreme Court chief justice calls for family law overhaul

An unreleased report commissioned by the country’s top judge is urging a radical overhaul of Canada’s family law system.

The report to Chief Justice Beverley McLachlin, scheduled for release next month, calls for restructuring the family law system from the ground up, with a focus on streamlining the court process and ending a fixation on combat.

The report, from a committee headed by Supreme Court Justice Thomas Cromwell, goes on to make more than two dozen recommendations, including the creation of specialized judges who can shepherd a family law dispute from beginning to end.

The family law system has been under attack for much of the past two or three decades over litigation that drags out and the destructive effect of the adversarial process on couples who are vulnerable and prone to go on the attack. And the inordinate costs of litigation have led to a massive increase in the number of litigants who represent themselves – now as much as 70 or 80 per cent.

A copy of the report, obtained by The Globe and Mail, says that estranged spouses and their children are seriously damaged by the adversarial system; and that judges, lawyers and law schools must embrace a culture of mediation and settlement.

The ground-breaking report also recommends the imposition of painful cost awards against litigants who behave badly or impede settlements.

Full story: Globe and Mail

Additional material on family law as presented by the Globe and Mail: SupremeCourt Leadership

For more information and support please contact us at NationalGALalert@gmail.com or find us on Facebook.