I think this book should be mandatory for Guardian ad
Litems of which I am.
Palpable error is one that is readily or plainly seen (Housen at para. 5); overriding error is one that must have or may have altered the result (see Van Mol (Guardian ad
litem of) v. Ashmore, 1999 BCCA 6 (B.C. C.A.) at paras. 11 - 12).
This includes allowing contingencies for the possibility that the future may differ from what the evidence at trial indicates: Krangle (Guardian ad
litem of) v. Brisco, 2002 SCC 9, at para. 21.
In today's case (Bunna (Guardian ad
litem of) v. Bunah) the Plaintiff, who was 5 at the time of the collision, was involved in a 2012 crash.
Kirk (Guardian ad
litem of) v Kirk estate 2012 BCSC 1346 The infant plaintiffs, through their father, were the granddaughters of the deceased, and claimed general damages against their grandfather for his assaults upon them.
One of the leading cases in British Columbia is that of Smoliak v. Smart (Guardian ad
litem of), [1995] B.C.J. No. 1559 (S.C.) where, at para. 17, Drake J. held:
It also points out that this Court has given it standing as litigation guardian in the past in infants» appeals: Ralston (Guardian ad
litem of) v. Ralston, 2007 BCCA 282 (CanLII), 2007 BCCA 282, 241 B.C.A.C. 224; Dao (Guardian ad
litem of) v. Sabatino 1994 CanLII 1970 (BC CA), (1994), 94 B.C.L.R. (2d) 367, 39 B.C.A.C. 212.
[9] The defendant argues that this situation is very similar to that of Norman (Guardian ad
litem of) v. McMillan, 2004 BCSC 384 in which the court found that the defendant fell within the exceptions in paragraphs 2 and 4 of Milina.
Not exact matches
Respite care, rescue foster, guardian ad
litem, family based services, permanency goals; they're all part
of the foster care vocabulary you'll start learning when you become a foster parent.
«It's my understanding that the judges take the recommendations
of the guardian ad
litems seriously,» she said.
That, however, was the recommendation
of Carter's guardian ad
litem, or court - appointed advocate, who recently reviewed the multiple medications Burton takes and recommended a halt to the feedings.
The story
of what happens is told in several voices: Anna's, her mother Sara's, her brother Jesse's, her father Brian's, her lawyer Campbell's, and her guardian ad
litem, Julia's.
This week on the legal - affairs podcast Lawyer2Lawyer, I discuss the events in Texas with two guests: Betsy Branch, a family - law attorney with the Dallas firm
of McCurley, Orsinger, McCurley, Nelson & Downing, who serves as attorney ad
litem for several children in the West Texas case, and lawyer and social critic Wendy Kaminer, who has written about the civil liberties aspects
of the case at the blogthefreeforall.net.
Established in 2001, it was created by the Criminal Justice and Court Services Act 2000 with the idea
of merging the 700 probation officers who handle family court welfare work, 810 guardians ad
litem who represent children's interests in child abuse and care cases, and the children's branch
of the Official Solicitor's Department.
The judge shall further have broad discretion as to how the child's desires are to be considered, including through the report
of a guardian ad
litem.
Is the guardian ad
litem allowed to present hearsay statements
of the child over one or both parties» objection?
Waite LJ (at 287) said wardship was unnecessary: «Rule 9.2 A (1)[now FPR 2010, r 16.6 (3)-RSB- gives C exactly the same rights in wardship as she enjoys in proceedings under CA 1989, Pt 2... If, therefore, the judge believed that wardship provided a means
of requiring C to accept a guardian ad
litem, he was mistaken.
The Probate and Family Court judge appointed defendant attorney to represent plaintiff in those proceedings, but also asked defendant to perform duties akin to those performed by a guardian ad
litem, including the making
of reports and recommendations to the Probate and Family Court judge regarding the best interests
of the plaintiff child.
There are certain attorneys qualified as «guardian ad
litem» and can serve as a legal guardian for somebody who has some sort
of mental incapacity.
In those cases, what the legal «guardian ad
litem» will do is make decisions in the best interest
of the person with the mental health issue also known as the ward.
Earlier this week, on the legal - affairs podcast Lawyer2Lawyer that I cohost with fellow Law.com Blog Network blogger J. Craig Williams, we spoke to one
of those volunteers, Betsy Branch, a family - law attorney with the Dallas firm
of McCurley, Orsinger, McCurley, Nelson & Downing, who serves as attorney ad
litem for several children in the West Texas case.
Keep in mind that this also means that the ante
litem tolling provision for traffic tickets committed by state employees in the course and scope
of employment may also be tolled because the Georgia Ante
Litem Notice requirement is treated as a statute
of limitations.
Judge Pendleton says that many
of the updates are also
of interest to law enforcement, court administration, guardians ad
litem, and the general public.
Tags: Child Custody, Guardian ad
litem, Jurisprudence Posted in Child Custody, Guardians Ad
Litem, Jurisprudence,
Of Interest to Family Court Litigants,
Of Interest to Family Law Attorneys,
Of Interest to General Public, South Carolina Specific 1 Comment»
Tags: Guardian ad
litem Posted in Guardians Ad
Litem, Not South Carolina Specific,
Of Interest to Family Court Litigants,
Of Interest to Family Law Attorneys 3 Comments»
In these cases a better strategy is often to file a motion for discovery, appointment
of a guardian ad
litem, or for drug, alcohol or mental health testing with the initial complaint and then seek substantive temporary relief after one has developed the necessary information.
South Carolina Code § 63-3-810 (A)(1) allows the family court to appoint a guardian ad
litem in a private custody case when «without a guardian ad
litem, the court will likely not be fully informed about the facts
of the case and there is a substantial dispute which necessitates a guardian ad
litem.»
Tags: Child Custody, Guardian ad
litem, Litigation Strategy Posted in Child Custody, Guardians Ad
Litem, Litigation Strategy,
Of Interest to Family Court Litigants,
Of Interest to Family Law Attorneys, South Carolina Specific 1 Comment»
Tags: Attorney's Fees, Child Custody, Child Custody Modification, Child Support, Child Support Modification, Gregory Forman, Guardian ad
litem, South Carolina Court
of Appeals
Tags: Guardian ad
litem Posted in Guardians Ad
Litem,
Of Interest to Family Court Litigants,
Of Interest to Family Law Attorneys, South Carolina Specific No Comments»
Tags: Family Court Procedure, Gregory Forman, Guardian ad
litem, Jurisprudence, Litigation Strategy, Motions for Temporary Relief Posted in Child Custody, Family Court Procedure, Jurisprudence, Litigation Strategy,
Of Interest to Family Court Litigants,
Of Interest to Family Law Attorneys, South Carolina Specific 3 Comments»
Tags: Guardian ad
litem, Litigation Strategy Posted in Guardians Ad
Litem, Litigation Strategy, Not South Carolina Specific,
Of Interest to Family Court Litigants,
Of Interest to Family Law Attorneys 1 Comment»
Tags: Child Custody, Guardian ad
litem Posted in Child Custody, Guardians Ad
Litem, Not South Carolina Specific,
Of Interest to Family Court Litigants,
Of Interest to Family Law Attorneys 5 Comments»
Surveys
of lawyers and court volunteers reveal concerns that some guardians ad
litem — paid to advocate for children...
When parents seek approval
of any agreement that resolves a dispute over a child's custody, the family court judge looks to the guardian ad
litem and asks the guardian whether the agreement is «in the best interests
of the child?»
Tags: Child Custody, Family Court Procedure, Guardian ad
litem Posted in Child Custody, Family Court Procedure, Guardians Ad
Litem, Not South Carolina Specific,
Of Interest to Family Court Litigants,
Of Interest to Family Law Attorneys 10 Comments»
Twenty years experience shows that there's some validity to Robert Rosen's jaundiced view
of guardians ad
litem in private custody cases, best expressed by the title
of one
of his articles for South Carolina Lawyer: «Getting Rid
of the GAL: How to Save Your Client from Those Expensive, Unnecessary Officious Intermeddlers.»
Tags: Guardian ad
litem, National Business Institute, South Carolina Bar Posted in Continuing Legal Education,
Of Interest to Family Law Attorneys, South Carolina Specific No Comments»
Tags: Continuing Legal Education, Guardian ad
litem Posted in Miscellaneous,
Of Interest to Family Law Attorneys, South Carolina Specific 3 Comments»
The appointment
of a guardian ad
litem involves only a temporary, limited interference with a liberty interest.
For attorneys who also act as mediators or guardians ad
litem, many family court judges» interpretation
of Calhoun v. Calhoun, 331 S.C. 157, 164 - 65, 501 S.E. 2d 735 (Ct.App.
In fact, sometimes the court will appoint an attorney or a «guardian ad
litem» (guardian only for purposes
of the court proceedings) to represent the child in a custody dispute.
Is the appointment
of a guardian ad
litem for an adult in a divorce proceeding a final and appealable order?
Is a trial court permitted to appoint a guardian ad
litem for an adult in a divorce proceeding based on Ohio Rule
of Civil Procedure 75 (B)(2)?
View our Child Custody page to learn more about legal custody and the role
of the court - appointed guardian ad
litem (GAL) in contested custody disputes.
In this action filed by the Virginia Department
of Human Services, the Norfolk Circuit Court says the lawyer for respondent and her court - appointed guardian ad
litem should decide which
of them will be permitted to cross-examine the department's witnesses and...
Ms. Russell graduated from Southern Methodist University Dedman School
of Law in 2006, where she developed her passion for family law serving as a guardian / attorney ad
litem for child abuse victims in the child advocacy clinic.
During his practice in Chicago, Mr. Kem - Thomas acted as a prosecutor for the City
of Chicago and as a guardian ad
litem in the Office
of the Cook County Public Guardian (Juvenile Division).
Sometimes the court appoints a «guardian ad
litem» — a lawyer who represents the children's interests — instead
of a custody evaluator, but the process is very much the same either way.
When a lawsuit is filed on behalf
of a minor, the court will appoint a guardian ad
litem to represent the child's interests.