Showing posts with label Judicial Outsourcing. Show all posts
Showing posts with label Judicial Outsourcing. Show all posts

Tuesday, April 23, 2013

Parental Coordinators and Judges Routinely Violate Parental Rights

Are divorcing parents being discriminated against by Parental Coordinators and the courts? There have been and are cases in Maine where there has been unwarranted removal of a child from one parent to another. In doing so the Parental Coordinator and by default the courts are preventing a parent from exercising their parental rights. These rights are protected substantively under the Constitution of the Untied states.

When a Parental Coordinator makes this kind of recommendation to the courts and the courts enforces this recommendation (as we have seen time and again) - placing a child under primary control of one parent. It is being done so through the use of unchecked and unsubstantiated use of the state's power. This is discriminatory and prevents a parent from passing on his/ her beliefs to their child(ren).

For more information please contact us at NationalGALalert@gmail.com or find us on Facebook for up to date information and ideas.

Sunday, February 24, 2013

Zero Complaints Points to Larger Problems with Parental Coordinators

Ilse Teeters-Trumpy is an attorney with the firm Taylor McCormack & Frame and represented a group of family Lawyers that have come out in support of the bill sponsored by Terry Hayes LD47. Well spoken Ilse talked about why the role of PC should continue.

One of the points that Ilse brought to the attention of the committee members was the fact that out of 45 cases in 2011 that involved a PC there was not one complaint. While by itself this sounds like an amazing statistic - especially when compared to the complaints about GALs that the Judiciary receives on a yearly basis (average of 14) the number also told the committee nothing.

A broader statistic that we have heard is that since 2009 there have not been one complaint against a Parental Coordinator. As there are no numbers that the Judiciary has if we estimate 45 cases a year that would amount to 180 cases with no complaint.

Amazing! Does this mean that with a Parental Coordinator our courts have found a court officer and process that can sift through and in an equitable way come out with a resolution for parents that are in a highly charged and emotional situation?

The answer is - no. The reason - at least part of the reason - that there have been no complaints is that there is no process to file a complaint. Applying even bit of logic here - one would come to the conclusion that if there were no process there would be no complaint(s). Maybe the divorce industry is blind to logic? When questioned about how someone might complain it was offered that there was a possibility of doing so through the Judge that was managing the PC. Nothing though was stated that gave a firm process for which one could complain.

Zero complaints is not a number to be proud of. No process is so perfect to result in no problems. The divorce industry and Maine Guardian ad Litem Institute (MEGALI) have been operating with blinders on and patting themselves on the back for finding a process that actually works. That Parental Coordinators who have no additional training above that of a GAL, no supervision, with no rules to guide them - manage to escape the kind of hot water that the states GALs find themselves in (who have rules - but no supervision). Simply amazing. Thursdays meeting opened a lot of eyes - lets hope that it also opened the eyes of those who came in support of the bill. Doubtful - but one can always hope.

Please contact us at parentalcoordinatoralert@outlook.com for support. Please feel free to comment.

Wednesday, January 23, 2013

The Courts Reject Proposed Rules for Parental Coordinators

Where is consumer input? Toby Hollander of the Maine Guardian ad Litem Institute (MEGALI) was instrumental in drafting the current proposed rules for Parental Coordinators. Mr Hollander's MEGALI is the trade organization that represents the special interests of Guardians ad litem (GALs) in the state. The proposed rules for Parental Coordinators that Mr Hollander has submitted - look as if there was little or no consumer input. Given the controversy surrounding Guardians ad litem and the lack of consumer protection with them it is surprising that consumers were not more involved in the drafting of these new rules.

A Parental Coordinator (PC) is a Court Officer that is brought into a high conflict divorce and acts as a neutral party to bring resolution. In theory the idea makes sense. Unfortunately in practice this rarely happens if ever. There are no qualifications for a person who wants to become a PC yet they will decide which doctor your child goes to, what school he/ she attends and how much time your child can spend with you. The Parental Coordinator in your divorce becomes the parent – you become the child. With no qualifications other than being an adult – a parental coordinator will make life changing, personal, family and child rearing decisions.

What are the benefits of having a Parental Coordinator in your divorce? For the judge it means that you are no longer clogging up his/ her court room. The Judge sees a Parental Coordinator as a means of eliminating or reducing his/ her workload. Some would call this “Judicial Outsourcing”. For the Parental Coordinator it is an annuitized income that is for the most part guaranteed by the courts. For you the parent faced with this stranger and trying to make sense of a situation that can (and often does) become insane. You receive a large bill, a service that is of little value, frustration and anger.

The state currently has huge issues with Guardians ad litem and trying to correct almost 40 years of a broken system. The state and the Judiciary do not need to add another problem to their plate. On January 1, 2014 the role of a Parental Coordinator is set to expire and for many of divorcing families in the state who have had to deal with a Parental Coordinator that is probably a good thing. Fixing the problems that the state has in its courts should be a top priority – not creating another element to the divorce industry.

If you have had issues with a Parental Coordinator – for support please contact us at ParentalCoordinatorAlert@outlook.com. To view the current legislation to retain Parental Coordinators beyond 2014 (LD47 HP42)  Download a copy of the proposed rules – links will only work in downloaded copy.