Tuesday, August 9, 2011

Little to No Trust for Guardian Ad Litems and Attorneys For the Children

We have come to the conclusion through our own experiences, case histories of other people going through the corrupt CPS circus and other reports that anyone who is going through a CPS A&N case should be cautious in regards to any guadian ad litem or child's attorney who has been appointed by the judge in your case.

On the surface, the idea of someone representing your child in a CPS case sounds good. You may even get a false sense of security that they will do the right thing by your child. Don't be fooled, in most every instance, they are in collusion with CPS.

They are a part of the scheme to take children. We have seen time and time again where the guardian ad litem or child's attorney is not only friends with the judge and some of the CPS workers but they also belong to the same "community" organizations and sometimes, they even donate money, services or their time to foster and adoption agencies. That should never be and it is a direct conflict of interest but that is how it often works.

These guardian ad litems or child's attorney spends very little time with the child to even know what would be in the child's best interest. They don't know the child at all. They know very little about anything except what they read in the reports they get from CPS. Can you say - biased reports?

The definition of a guardian ad litem - might be call the child's attorney because they are lawyers in some cases:

A person appointed only for the purposes of prosecuting or defending an action on behalf of another such as a child or mentally-challenged person. Also called ad litem. This right is usually granted to the child’s attorney.

A few things about immunity for guradian ad litems and attorneys for children (borrowed from https://protectingourchildrenfrombeingsold.wordpress.com/tag/guardian-ad-litems-can-be-sued/) :

Guardian ad litems and Appointed Counsel are not protected by immunity. In Wiederholt v Fisher, 485 N.W. 2d 442, 169 Wis. 2d 524 (1992) “In child custody matter, guardian ad litem does not represent child per se; rather, guardian ad litem’s statutory duty is to represent concept of child’s best interest.” When those guardian ad litems don’t bother to meet the minium standards – they become subject to liabilty. (Collins v Tabet, 111 N.M. 391,806 P 2nd 40 (N.M. 1990)

In other words when a Guardian ad litem just goes through the motions and does not really work the case they can and should be held liable. Most Guardians don’t work for the child, they work for Child Protection Services.

According to Bonds, 64, N.M. at 345,328 P. 2nd at 599 the appointment as guardian ad litem of a minor child is in the postion for the highest trust and no attorney should ever blindly enter in an appearance as guardian ad litem and allow a matter to proceed without a full and complete investigation into the facts and law so that his clinets will be fairly and competently represented and their rights fully and adequately protected and preserved….

Bonds proposed that a guardian ad litem holds a position of the highest trust and suggest that he or she is a fiduciary. Judge Donnelly compares the position of Guardian ad litem to that of a general guardian or conservator and is subject to liability to their wards for the harm resulting from ordinary negligence in the discharge of their duties. They are actually charged with a higher standard of care than are other people involved.

In Downs v Sawtelle, 574,F 2d 1 ( 1st Cir.1978) a federal judge in the Court of Appeals ruled that immunity was inappropriate for guardians because they are considered private parties and they are not confronted with the pressures of office, the decision making of the threat of liability facing governors or high level public officials.

According to J.W.F. v Schoolcraft, 763 P.2nd 1217 (Utah, 1987) A guardian ad litems job is to put themselves in the shoes of the child and look at the factors as the child would if he or she were old enough and their judgment was mature enough to make a decision.


  1. We recently went through living hell because of a anonymous call that failed to even mention our names. We fought tooth and nail and won at adjudicatory hearing.We now are filing 1983. We made the family court Judge angry trying to recuse her for obvious bias, unlawful and prejudicial conduct. So in the final hearing 5 months after cases dismissed, the Judge brought in a newly appointed Guardian Ad Litem who decided" best interest" of all our children in court. This guardian AD Litem was horrific and seemed to want to actually harm our children greatly.He was very hateful and bitter person. He knew absolutely nothing about the cases or our children who have no history and are all honor roll students. He was not even aware the cases had dismissed five months earlier without findings. The Judge allowed casa and guardian ad litem to separate our entire family ordering one child and mother to reside a relatives house and father to reside elsewhere and that's the end of it. That's all she ordered without any legal justification at all and it was final. The relative wasn't to happy either as she knew nothing about anyone residing at her home and never agreed or requested any such arrangement and is upset and will probably
    take action against the Judge. Any rate just wanted to say Guardian Ad Litems are almost always beholden to CPS and some are very hateful and malicious. Casa workers should be eliminated altogether.All casa workers do is promote here-say and opinions which are not factual evidence, even though in family court anything is allowed in secret. Casa workers are equivalent to the caseworker deciding your child's fate. We had a casa worker who showed up intoxicated most of the time. When the children complained of this she disappeared and a new one showed up.Casa workers are an absolute joke and only serve the purpose of assisting CPS in retaining your children in foster care to attain Title lV-E funding even in cases without finding of abuse/neglect or risk thereof.CPS almost always will initially place your children in foster care with strangers to start the title lV funds rolling in. They may place them with family once they secure their money. It's all about keeping everyone employed from service providers to CPS. When the incentives to keep families together is balanced on the scales We are sure you will see less children in foster care where more children are harmed than in care of natural parents.Statistics attest to this fact. It is a sad state of affairs that will no doubt promote distrust in government.I know people who would not get divorced even though they are separated now for five years because they don't trust a Judge with their children's fate in deciding custody.They especially don't trust Guardian Ad Litems. My friend made the comment while talking about Guardian Ad Litems" oh those are those cps attorneys, I don't want one of those any where near my children." Good Luck and God Bless all the children as they are the future.

  2. i love what you wrote, it is so spot on
    the same exact crap happened to me but i am taking it one step further
    what doesn't kill ya makes ya stronger right