Legal Question in Family Law in Virginia

Judge refused to hear motion - Ruled contra to statute

We were in Danville Circuit Court last week. The docket showed we were there to hear motions, 5 in all. One of them was to appointment of a GAL. In this case the kids were abused sexually and mentally. Also I do not have an attorney.

The way I read � 16.1-266, sections A and F, a GAL must be appointed before we can have the custody hearing. Is that a correct read?

One of the first things that happened was I asked the judge of he has read the motions. He stated that he had not. I then asked for a continuence to allow him time to read all of them. He denied it.

The only discussion of any of them was that her attorney called them ''frivolus''. My response was how can it be frivolus when it is black letter law. There are allegations of child abuse and I do not have an attorney. The statute says that the court must appoint a GAL in these cases before we can have a trial on this matter. He stated ''well I'm not going to appoint a guardian ad litem, motion denied.''

The questions are:

Did I read the law correctly about the need for a GAL?

If so what do you do when a judge says he is not going to do what the statutes say he will do?

Thank you in advance.

Harold--name removed--

[email protected]


Asked on 8/07/04, 8:16 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Judge refused to hear motion - Ruled contra to statute

Your experience points up the hazards for the pro se litigant of appearing in circuit court attempting self-representation..

One thing you must understand is that the court is not going to appoint "a discrete and competent attorney-at-law as guardian ad litem" in each and every custody matter where there are allegations

of abuse and/or neglect or in the other matters involving an allegedly abused and/or neglected child as spelled out in the statute.

In order for this to happen, the judge in his or her discretion must be convinced that the allegations involving such abuse and/or neglect are manifestly credible. Obviously, in your case the judge didn't think so.

I would suggest that in the future before you start drawing conclusions about what the "black letter law" requires(or doesn't require)in a given situation, that you make some attempt to discuss the matter with an attorney competent to deal with the matter at issue.(Legal Aid services for your city or county might have been able to assist you in this regard.)

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Answered on 8/08/04, 10:50 am


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