GAL Retired with no notice

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Latest post 11-09-2009 12:21 PM by NewOneNow. 8 replies.
  • 11-06-2009 3:19 PM

    GAL Retired with no notice

    My husband's ex has filed for a modification of visitation.  My husband was served as well as the GAL.  My husband called the GAL to discuss he was told that she retired.

    His divorce was final in Nov 07 after a long, nasty battle.  Ex wife is an alcoholic - he has custody, she now has supervised visitation.  The GAL has been with their case since the very beginning and knows all the details.

    My husband's attorney's response to being notified that the GAL retired was only "Do you know of any other GAL's?".  He doesn't and at this point is nervous about getting a new GAL up to speed in such a short time frame (court date 11/16).

    I'm wondering if there is any way to compel the original GAL show at the court date?  Is she required to because she was served, even though she has retired?

    It seems to me that the GAL should have at the very least been required to pass her cases off to someone and withdraw from the case before retiring, but it appears that she can just disappear without a word.

  • 11-06-2009 3:34 PM In reply to

    Re: GAL Retired with no notice

    No. If you retire would you expect your employer to force you back to work to complete a project??

  • 11-06-2009 3:43 PM In reply to

    Re: GAL Retired with no notice

    No, but I don't work for a court that summoned me to appear on a certain date.

    Thanks for the response.

  • 11-06-2009 3:46 PM In reply to

    Re: GAL Retired with no notice

    She's an employee, not an indentured servant. She was ordered to appear because of her job, not because of her personal situation.

  • 11-06-2009 3:57 PM In reply to

    Re: GAL Retired with no notice

    I apologize if I've offended you Lynn...  I am just trying to help my husband and didn't know if a lawyer could retire without notice to her clients and not be bound (as the plantiff/defendent are) to a summons.  I do appreciate the information.

  • 11-06-2009 4:05 PM In reply to

    Re: GAL Retired with no notice

    Once the divorce was final, she had no obligations to your family nor was there any reason to notify you that she was retiring.  If you request that a new GAL be assigned, I imagine the new one will be able to read the notes from the old one.

  • 11-06-2009 8:31 PM In reply to

    Re: GAL Retired with no notice

    I'm not offended but it's ridiculous to believe that just because someone once worked on a case they must forever be obligated to continue.

  • 11-07-2009 5:55 AM In reply to

    Re: GAL Retired with no notice

    If the court is the one who appoints GALs,  you would need to petition the court to have a GAL appointed for the modification. Her obligations ended when the last custody proceeding ended.  Some GALS are volunteers,  some may be paid by the court or the parties- I don't believe there is an office of GALS.

    Also, not all cases require or have GALS.  It's up to the court .

  • 11-09-2009 12:21 PM In reply to

    Re: GAL Retired with no notice

    I didn't -believe- anything and had no expectation of a never ending obligation.  I simply didn't know what affect, if any, the GAL's summons may have on this one particular court date and was just asking a question.

    My husband's attorney is going to request a continuance to allow for a new GAL to be hired and get up to speed with the case.

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