Legal documents that GALs file
Posted: 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
to advance the child's best interest in court and during other proceedings.
When necessary, the GAL should file
in support of legal issues.
The GAL should file a
If the GAL believes the court's determination is contrary to the child's interest or welfare, after considering the wishes of the child,
The GAL should file
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.
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 ยง 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.