Legal documents that GALs file

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Marina
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Legal documents that GALs file

Postby Marina » Thu Jan 01, 2009 8:26 am

I have read that parents can hire their own lawyers for their children.

http://www.courts.state.va.us/gal/gal_s ... 80403.html

Standards to Govern the Performance of Guardians Ad Litem for Children

...

Participate, as appropriate, in pre-trial conferences, mediation and negotiations.

... the GAL should bring the facts that led to the concerns about the settlement to the court's attention by filing a

motion to vacate the agreement

...

File appropriate petitions, motions, pleadings, briefs, and appeals on behalf of the child and ensure the child is represented by a GAL in any appeal involving the case.

COMMENT: The GAL should make

appropriate motions,
including motions in limine
and evidentiary objections
,

to advance the child's best interest in court and during other proceedings.

When necessary, the GAL should file

briefs


in support of legal issues.

The GAL should file a

show cause against a party who is not following a court order

or a motion under § 16.1-278 to compel an agency to provide services if it is not doing so as ordered.


If the GAL believes the court's determination is contrary to the child's interest or welfare, after considering the wishes of the child,

a notice of appeal should be filed

and measures taken to assure that the appeal is perfected expeditiously.


The GAL should file

any appropriate pleadings on behalf of the child,
including responses to pleadings of other parties.


The GAL should also ensure that the child has representation in any appeal related to the case regardless of who files the appeal. During an appeal process initiated by another party, the GAL for a child may file a brief and participate fully at oral argument.

If the GAL feels he or she lacks the necessary experience or expertise to handle an appeal, the GAL should notify the court and seek to be replaced.

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LindaJM
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Re: Legal documents that GALs file

Postby LindaJM » Wed Apr 07, 2010 11:44 pm

They've moved the forms at the above link, but I found a couple other interesting links at their site:

1. http://www.courts.state.va.us/legal.html - They have a timeline for dependency cases, and a database of TPR appeals.

2. http://www.courts.state.va.us/courts/jdr/home.html - Juvenile and Domestic Relations District Court
There's lots of legal information here including manuals for the prosecuting attorney.

I'm copying this to the Virginia section of this site.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...


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