What happens if other party doesn't contact the GAL?

[1239]

What is the name of your state (only U.S. law)? Ohio

I am using my wife's account. When I signed up I never got an email, so I can't post my questions on my account.

My daughter is 13 and lives with her mom an hour away. We have shared parenting. I've filed for custody again for a few reasons. Mom lived with her boyfriend for 6 weeks before police were called because he was choking her (my daughter had to jump on his back and was thrown to the ground). They moved out, but mom is now back with the boyfriend. I have been driving up there for my visitation twice a week and they are never there (I have filed police reports each time). Mom has changed her school again without telling me. It feels like she is trying to frustrate me to the point that I will give up, which isn't going to happen.

The GAL was reappointed at our last court date. I met with the GAL yesterday and she had not heard from my daughter's mother yet. What happens if my ex doesn't contact her so she can do a complete report? My ex already said in court that she still owes the GAL money from the last time, so my guess is she's in no hurry. But can she hold up the whole process by not allowing the GAL to do her job?What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

I am using my wife's account. When I signed up I never got an email, so I can't post my questions on my account.

My daughter is 13 and lives with her mom an hour away. We have shared parenting. I've filed for custody again for a few reasons. Mom lived with her boyfriend for 6 weeks before police were called because he was choking her (my daughter had to jump on his back and was thrown to the ground). They moved out, but mom is now back with the boyfriend. I have been driving up there for my visitation twice a week and they are never there (I have filed police reports each time). Mom has changed her school again without telling me. It feels like she is trying to frustrate me to the point that I will give up, which isn't going to happen.

The GAL was reappointed at our last court date. I met with the GAL yesterday and she had not heard from my daughter's mother yet. What happens if my ex doesn't contact her so she can do a complete report? My ex already said in court that she still owes the GAL money from the last time, so my guess is she's in no hurry. But can she hold up the whole process by not allowing the GAL to do her job?What is the name of your state (only U.S. law)?

She may be able to hold things up for a while, but not for the long term. Eventually you could have her found in contempt for not cooperating with the GAL.

 

[cjones]

When the GAL is tired of trying to contact the mom or tired of waiting for the mother to contact her, she may just report on what she knows from the sources she has had contact with.

 

[Ohiogal]

First of all, mother cannot be found in contempt with not cooperating with the GAL -- not unless there is an order stating that she MUST cooperate with the GAL and that would be odd. Second of all, the GAL cannot just get "tired" of attempting to do her job. It doesn't work that way.

Please look at Rules of Superintendence 48 which were created by the Ohio Supreme Court and dictate the requirements of a GAL in the state of Ohio.

 

[LdiJ]

First of all, mother cannot be found in contempt with not cooperating with the GAL -- not unless there is an order stating that she MUST cooperate with the GAL and that would be odd. Second of all, the GAL cannot just get "tired" of attempting to do her job. It doesn't work that way.

Please look at Rules of Superintendence 48 which were created by the Ohio Supreme Court and dictate the requirements of a GAL in the state of Ohio.

If a court appoints a GAL and mom is ordered to pay XX of the GAL fee and mom does not pay the fee and does not attempt to set up any meetings/cooperate with the GAL setting up meetings mom cannot be held in contempt?

Is there no consequence if mom does not pay her share of the fee or cooperate?

 

[Ohiogal]

If a court appoints a GAL and mom is ordered to pay XX of the GAL fee and mom does not pay the fee and does not attempt to set up any meetings/cooperate with the GAL setting up meetings mom cannot be held in contempt?

Is there no consequence if mom does not pay her share of the fee or cooperate?

If mother is ORDERED to pay the fee and doesn't, she can be held in contempt. There is no dictate on her participation. If she does not participate -- she doesn't have to cooperate with the GAL -- then it looks poor and the GAL will report such to the court. The Court can order that she produce the child and if she does not after being ordered to do so then she can be held in contempt.

But mother does NOT have to talk to the GAL. In fact one of the first things I tell parents is that they do NOT have to cooperate with me however if they do not cooperate then I will be relaying that to the court and it will be a portion of what can aid my recommendations.

The only form of participation required is allowing me to speak with the child who I represent. And if the parent doesn't, I go to the school and see the child there with my court order in hand. Want to see how quickly a parent normally calls me when they find out I went to the SCHOOL to see junior? But a parent never has to meet with me. A parent doesn't have to tell me anything.

That just gets relayed to the court. And considering the fact that part of the consideration with custody is who is most likely to facilitate a relationship with the other parent and who is most likely to abide by court orders and follow the mandates of the court -- it doesn't look good.

I have been a GAL and the parents were both ordered to complete paperwork and contact me. One never did. I spent time contacting that parent and then contacted their attorney who contacted them and told them to contact me or else. The case closed and I hadn't received the paperwork.

 

[mistoffolees]

The only form of participation required is allowing me to speak with the child who I represent. And if the parent doesn't, I go to the school and see the child there with my court order in hand. Want to see how quickly a parent normally calls me when they find out I went to the SCHOOL to see junior?

Oooooohhhhh! Sounds like fun!

Can I have your job?

 

[Ohiogal]

Oooooohhhhh! Sounds like fun!

Can I have your job?

Sure. Go to law school, get admitted to the bar in Ohio (the Ohio Supreme Court -- not the local honky tonk), and put up your own shingle. Then you can have as much fun as I do on a daily basis explaining to people that children are NOT possessions, that fathers are just as important as mothers, and that children shouldn't have to put up with the stupidity their parents put them through.

 

[mistoffolees]

Sure. Go to law school, get admitted to the bar in Ohio (the Ohio Supreme Court -- not the local honky tonk), and put up your own shingle. Then you can have as much fun as I do on a daily basis explaining to people that children are NOT possessions, that fathers are just as important as mothers, and that children shouldn't have to put up with the stupidity their parents put them through.

I was just kidding.....

I wouldn't take a job dealing with that type of people for anything.

 

[Ohiogal]

I was just kidding.....

I wouldn't take a job dealing with that type of people for anything.

Side note: read my facebook status to find out this morning went with a parent.

 

[1239]

Mom was ordered to pay a percentage of the GAL fees from the last go round and again this time.

I am actually taking my daughter to meet with the GAL on my time (obviously not during my midweeks because mom won't let me see her).

Mom doesn't have an attorney this time.

Thank you for your help. I did read the Rule that you wrote and it looks like the GAL will attempt to contact mom. I just always did it myself because I don't want to wait. It's too important. I can't stand thinking about what my daughter has been through and is continuing to go through.