Legal Question in Family Law in Massachusetts

Re: massachusetts GAL/parent coordinator

First: when you say you are a CHILD advocate... are you an attorney? If so, your role in this is easy, represent the children and neither parent. However, I was not sure of your role since you state that there was a GAL appointed for the children and your questions all seem to focus on the mother's remedies or recourse for the Probate Court's actions: the answer is to file your Appeal if unhappy with the decision of the lower court.

Second: If you are the Children's Advocate, then file a Notice of Appearance with the Court and represent the Children and not either parent; file an appeal or motion to enjoin the court's order with respect to the GAL determination if it was erroneous. BUT, if you find yourself getting confused and mixing sympathies for EITHER parent, then it is time to step back from the case because you are no longer acting in the Children's interest once you are discussing parental rights and appeals; the parents have their own advocates, and you cannot cross the line... be one or the other, but do not let the parties drag you into the Conflict of Interest you appear to be getting mired in based on your question above.

Re: massachusetts GAL/parent coordinator

If you are not a lawyer, you should see if the Court will let -you- seek an appointment of a lawyer. However, it does not sound like you have been engaged in an official capacity by a neutral, so the court will probably tell you to MYOB.

I question your actual role and motives. I am reasonably certain that you are actually someone brought into the case by the mother -- and you are probably are not a licensed attorney, a licensed psychologist, a licensed social worker, or a licensed -anything- (you likely would have mentioned such if you were). No, licenses aren't -everything-, but they are a big start.

If either PARTY has a problem with the GAL that is the -party's- problem, not an "advocate" with an unclear agenda. The party has the means to call the matter to the court's attention, with or without an attorney.

Would it matter if the GAL was a FEMALE going through divorce issues? This sounds like you assume that all men (but only men) make misjudgments based on their personal lives. Being in a divorce does not disqualify the GAL. Again, if there is relevance, the parties can properly bring the matter to the court's attention. It is an ADVERSARIAL system.

In all honesty, I think that if you were an "honest broker" in this process, you would have access to a lawyer for advice and (if necessary) a motion to take steps for the children's benefit. With due respect, and the possibility that I am wrong, it sounds like you are a non-attorney interloper who is far more in the mother's pocket than you claim the GAL to be in the father's. In short, you are biased toward the mother, not the children.

If I am wrong, and you are merely concerned and truly OBJECTIVELY in favor of the mother, you can present this to the GAL in a way that will put it in the report -- even if the GAL disagrees with you. It will help if you have any of the credentials you have not mentioned having.

I am sure you will dislike my bluntness, and may even take exception to the impression I have stated of your true "role". However, I call them as I see them, and make no apologies for doing so.

The court system uses parent coordinators and GALs because family litigation is difficult. It uses them to help search for the truth. It uses them to REDUCE the tug-of-war of he-said/she-said, and "My expert/advocate is smarter than yours." It requires these GALs to put their duty where it belongs -- the best interest of the children.