Georgia - Increased oversight needed for troubled guardian ad litem program

Augusta Chronicle

The Augusta Chronicle has done the public a great favor by drawing attention to problems faced, and to some extent created, by guardians ad litem, who are appointed by courts to represent the interests of children in divorce cases.

SINCE GUARDIANS do not represent the divorcing parents, they serve an important but entirely different role than do attorneys for plaintiffs and defendants. Attorneys are trained in adversarial proceedings to argue the case for their clients. Guardians, like the children they represent, find themselves in the middle of difficult and often troubling circumstances.

And while guardians seek to discover the best possible solution for children of divorce, “best possible” is almost always “least hurtful,” because divorce hardly ever is without pain for the affected children.

For more than 12 years, I served as a guardian in the Augusta Judicial Circuit on cases assigned to me by more than 10 judges.

During part of that time I served also as president of the guardian association (now defunct), which attempted through its bylaws, training programs and other forms of assistance to ensure professional and ethical work by individual guardians.

Full story: Augusta Chronicle

Michigan - Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arrest

This is a case that we missed but is a good story. It is a story of a member of military on active duty out in the Pacific Ocean who is ordered to court or be in contempt. He had no way of being able to comply with the 'Judges' order. This post shows what Matthew Hindes is up against in our court system.

CBS Seattle

Seattle, Wash. (CBS SEATTLE) – A U.S. Navy sailor from Washington State is currently serving on a submarine thousands of miles away in the Pacific Ocean, but a judge has ordered him into an impossible custody scenario: Appear in a Michigan courtroom Monday or risk losing custody of his 6-year-old daughter.

Navy submariner Matthew Hindes was given permanent custody of his daughter Kaylee in 2010, after she was reportedly removed from the home of his ex-wife, Angela, by child protective services. But now a judge has ordered him to appear in court Monday, or risk losing his daughter to his ex-wife in addition to a bench warrant being issued for his arrest, ABC News reports.

Hindes’ lawyers argue he should be protected by the Service Members Civil Relief Act, which states courts in custody cases may “grant a stay of proceedings for a minimum period of 90 days to defendants serving their country.”

But the Michigan judge hearing the case, circuit court judge Margaret Noe, disagrees, stating: “If the child is not in the care and custody of the father, the child should be in the care and custody of the mother.”

The judge reiterated that regardless of Hindes’ assignment under the Pacific Ocean, he will appear in court or face contempt of court.

Full story: CBS Seattle


Related story:

2014-06-19 ABC News Sailor Serving Overseas Ordered to Appear in Custody Fight

2014-08-16 Military Times Deployed submariner loses a round in custody battle

2014-08-20 BI Judge Takes Deployed Sailor's Daughter And Gives Temporary Custody To Her Mother

2014-10-28 SCRA Active Duty Submariner Wins SCRA Custody Suit