Legal Question in Family Law in Washington

GAL summary report

I am in the midst of a custody battle and the GAL has recommended that my 2 children ages 14 and 11 who have lived in our home town all of their lives, move to be with their mother who moved to Las Vegas a year ago. I(we) live in Washington state. I do not believe this is in their best interest and that they have been unduly influenced by their mother, and that the GAL was given convoluted information about our history from my ex. Can I or how do I, challenge the GAL summary report that recommends that they move? The hearing is scheduled for a month from now and my fear is that the GAL report will carry significant weight and I will lose primary physical custody of my children. My ex has a history of dissatisfaction with her life and tries to remedy this by moving. I am hoping to show this thru declarations and support letters but my greatest concern is the GAL report. Any suggestions would be greatly appreciated. Also, after $30,000+ I am now pro se. Should have mentioned that at the start!


Asked on 8/11/07, 10:04 pm

2 Answers from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: GAL summary report

Mr. Steuart is right. GAL's are controversial. Their reports can be taken to pieces by competent counsel. You would do well to read in re Guardianship of Stamm, which is a Title 11 case, but is relevant to relocation proceedings because of its discussion of the role of GALs.

The process by necessity creates a situation where one parent is vilified and the other supported.

Bottom line is credibility. The GAL is not supposed to make the decision, the GAL is supposed to provide the court with factual information so the court can make the decision. Hunches and hearsay will not cut it. Don't let the Court abandon its responsibility.

This is not a good time for you to be representing yourself. You need to lawyer up again as soon as possible.

That said, you could have sent a child to Harvard for a year for what you have spent on this. You need to get this into perspective. You love your children; why would you put them through this?

And your answer should not include any stone-throwing at Evil Ex.

There are other tactical things you can do, but only if you are a trained and skilled family law attorney.

Bottom line? Call Helmut Kah in Woodinville. You can find his contact information at wsba.org.

Hope this helps. Elizabeth Powell

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Answered on 8/12/07, 11:27 am
Christopher Steuart IT Forensics, Inc.

Re: GAL summary report

The GAL report does typically carry a lot of weight, part of the reason for that is that in conducting the investigation the GAL should have been offered collateral sources by both parties. The GAL should also have been given relevant records or access to records (on the children and on both parents). This should be what the GAL is basing recommendations on. If there are gaps in information considered, failure to meet with people with relevant information this would be a point of vulnerability of the report. I think the best approach would be to challenge the factual basis of the report. In addition to having declarations and supporting documents to rebut the GAL's factual findings, you should examine the GAL over the report.

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Answered on 8/11/07, 11:19 pm


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