I am pleased to share that Connecticut Raised Bill 494 now Public Act No. 14-3 concerning Guardians Ad Litem ("GAL") and Attorneys for Minor Children ("AMC") in Family Relations Matters has passed and was signed into law by Governor Malloy on May 8, 2014, effective October 1, 2014.  I want to take this opportunity to thank all those individuals and organizations who took part in the process of passing this new law.

Although this new law doesn't completely address all of the issues that were raised by many individuals during the public hearings, in my opinion it is progress in the right direction.  Generally, the law addresses the following:  provides the parties to a family law matter, with information about 15 GALs, including hourly rates, retainers and the "scope of work" that the GAL has been assigned (by the Court) to complete; allows for a sliding scale in regard to fees if warranted by the parties financial situation and ordered by the Court; an end date by which the GAL must complete the assigned work; 16 factors of which at least one or more must be considered by the GAL when considering what is in the best interests of the child; allows for a third party to intervene by motion; a procedure to have a GAL removed for cause; children's qualified college fund/savings are exempt from assets utilized to pay legal fees (e.g. attorneys, GALs, AMCs, etc.); the Court may not order a party to use a credit card to pay such legal fees; the Judicial Branch is required to develop and implement a professional code of conduct for GALs; the Court is required to consider one or more of 16 factors in determining the best interests of the child and although not required to assign any particular weight to any of the factors that it considers, it is required to state the basis for such decision; and at the end of the case the GAL is required to provide the court with the total hours billed and cost for his/her services.  This is an important data collection opportunity as this area of law continues to be monitored by officials and the public.  The aforementioned list is not intended to be all inclusive and only reflects some of general areas of change based on my overview.  

There are many qualified GALs on the State list which includes over 1,000 GALs that have completed the state GAL training. However, it is a selected few that actually provide GAL services in the Family Law arena.  Why? Something to ponder.   It will be interesting to observe whether the changes in this recent law coupled with the media/public attention on the "issues of concern" in regard to Family Law, expand the list of GALs assigned to such cases. My expectation is that it does not continue to remain only the "select" few who are assigned based primarily on what appears to be established relationships with Family Law attorneys and judges.  

Overall, I believe this new law provides for improved accountability of GALs/AMCs and requires that relevant information be provided to the parties so that informed decisions can be made, including by the Court.

I am a certified GAL in both Connecticut and Minnesota.  It is an honor to serve children in the context of adult disputes and/or maltreatment, and with such honor comes responsibility and accountability to diligently understand the facts involved in a particular case and any other relevant issues/information to be considered in determining what is in the best interests of the child, including the 16 factors.  It is important to be unbiased and to have an understanding of the children.  

Sadly, it was just last week that an individual shared with me that during their divorce that was final in the fall of 2013, the court appointed GAL never met the 3 children he was appointed to determine what he believed was in their best interests in the context of the divorce and Parenting Plan.  In my opinion, given the age of the children, this is unacceptable.  

I believe the role of a GAL is important and useful in particular cases.  Further, I believe the GAL should be reasonably paid for services rendered (remember a GAL is not providing legal advice or representation).  As we move forward under this new law, I encourage the Judicial System to expand the "pool" in which they drawn upon and utilize the "untapped" GALs who possess the necessary skills, knowledge, personality traits, attended the mandated training and have a sincere desire to be an effective GAL.  Remember, that having a JD Degree is not a requirement to be a GAL.

Let us all recommend what is in the best interest of the children, understanding fully the needs of the specific children and their family dynamics.  In my opinion, this is not an arena for an absolute "cookie cutter approach".  I recommend not expending unnecessary energy relentlessly attempting to force a "square peg" (parent) into a "round hole."  Be creative and be willing to think outside the box, if it results in a solution that is indeed in the best interest of the children. 

Be well,
Beth
Beth A. Pritchard

 Nothing in this post shall be considered legal advice and I encourage you to consult an attorney for interpretation of this new law and/or how it may impact your particular situation.  

When a single parent witnesses their former spouse moving forward with his/her life in a positive direction, including a new relationship that results in marriage, it may be very difficult for the single parent to accept the reality that there is a new family that consists of the former spouse, the new wife/husband and all of the children. For the purposes of this entry it will be assumed that there are children from the former spouse's and the new wife/husband's previous marriages.  Thus resulting in each parent having biological and step children within the new family unit. It is assumed that both parents are loving and treat the children well.

Depending on the single parent's personality, mental health and how they have conducted themselves post divorce in the co-parenting arena (with respect to the children, the former spouse and the step-parent), they may not be willing to "accept" that their children have a new family, in addition to the one they share with the single parent.  In this scenario, the single parent may feel excluded, angry, envious, sad, insecure, etc.  Such emotions may be exacerbated by mental health disorders such as anxiety, depression and personality tendencies/disorders (e.g. Narcissistic). Comorbidity is not uncommon with such disorders. Further, the single parent's negative feelings may escalate due to their life not turning out how they had anticipated.  For example, such person may be lacking a "significant other" in their life which perhaps was not what they had planned, especially as they age.

Depending on the severity of such emotions, the single parent may "lash out" at the children's other parent and step-parent, including intense efforts (involving fabricating statements that are untrue) to manipulate the children in an attempt to interfere with the relationship between the other parent and step-parent.  Sadly, the children become "pawns" that the single parent uses to create conflict or alienate his/her biological children from the other parent and step-parent.  Perhaps the single parent claims to be a victim, and attempts to instill feelings of guilt in the children whenever they wish to spend time with his/her other parents (including grandparents) with hopes of preventing them from having a healthy and loving relationship with their other parent and step-parent.  The single parent remains self-focused on his/her own perceived personal needs at the expense of what's in the best interest of the children.

Based on my education, professional experience and on-going review of the literature, I believe the behaviors of the single parent described above are psychologically damaging to the children and can have long-term affects on the children's mental well being.  Including, impacting the children's ability to have their own healthy relationships with others in the future.  If you find yourself acting in a manner that is similar to that which is attributed to the single parent above, I encourage you to seek professional help via a therapist to assist you in dealing with your emotional struggles.  At no time should a parent attempt to utilize a child as a "therapist" by discussing their emotional struggles and negative feelings toward the other parents. As an adult, such discussions should take place privately with another adult, preferably a personal therapist.

When all parents (biological and step-parents) of the children stay focused on what's truly best for the children, one should realize that it is equally important for the children to have healthy loving relationships with all of their parents. 

To ease the emotional burden, related stress and internal conflict children may feel (especially when the above scenario is at play) in this type of situation, I recommend that both biological parents and the step-parent(s) inform the children,  that it is okay for them to care about and love their new step-parent. Explaining that their step-parent is not in place of their biological Father/Mother but rather in addition too.  It is another person in the childrens' lives who will love, care for and facilitate the childrens' well-being in this complicated world.  Post conversation, parents should be committed to ensuring that their behaviors/comments are consistent with the above message.  As adults, we realize having the above conversation with the children is not dependent on whether you are "friends" with the other parents (biological and step-parent).  Such friendship or lack thereof is irrelevant to this issue.

I realize it takes a secure and emotionally healthy adult to be able to have the aforementioned conversation with the children and display consistent behaviors thereafter.  However, I strongly encourage parents to do so for the sake of their children. 

Best regards,
Beth