the gal report: what to include, what to exclude & everything in between

The GAL Report:What to Include,

What to Exclude & Everything In Between

by: Jenny R. Stevens, Esq.The Stevens Firm, P.A. Spartanburg, SC(864) [email protected] www.SCFamilyLaw.com

Friday, January 31, 14

mailto:[email protected]

mailto:[email protected]

Hello!

✦ Pract ice Family Law in Spartanburg, SC with my law partner/husband, Ben Stevens

✦ We are the “Brady Bunch” (minus Alice and with more ex-spouses)

✦ Certified as a GAL in 2008; Practicing as an Attorney GAL since 2010

✦ Practice is 75-85% GAL Cases


Why Do We Do This?!?✦ It’s a thankless job sometimes.✦ We all dread writing the Report.✦ Sometimes worse than any of

term paper, thesis or legal brief you had to write in school.

✦ Spend hours on a report, yet never bill for all the time you spend on the report.

✦ Report will most likely be ripped to shreds by one or both sides of the case.

✦ Probably won’t be paid in full in the end.


Very Simple ~ For the Children

✦ Your Report = The Child’s Voice

✦ Your words make the child real for everyone in the courtroom.

✦ Yo u r p e r s p e c t i v e c o u l d o p e n t h e parents ’ eyes and lead to a quicker resolution.

✦ Yo u r r e f e r r a l t o therapy could be the start of a healthy co-parenting relationship

✦ Your Conclusions & R e c o m m e n d a t i o n s could lead to a Final O r d e r t h a t w i l l protect the child going forward.


The GAL Statute✦ Clear and comprehensive written

reports regarding the child’s best interests

✦ Final written report 20 days before the final hearing, but not less than 10 days before with leave of the parties and the Court

✦ List the names, addresses and phone numbers of those interviewed

✦ Never make a recommendation as to which party should have custody

✦ Must comply with the SC Rules of Evidence

So let’s get writing...


What will we cover today?

✦ What to Include✦ What to Exclude✦ & Everything in

Between


Introductory Paragraph✦ Introduces YOU to the Court✦ Explains the nature of the Report

(Preliminary, Final, etc.) and the Contents of the Report (Exhibits or Attachments)

✦ Introduces the parties to the Court and explains their relationship to the child(ren)

✦ Sets forth when your Appointment and Investigation began

✦ Standard GAL Disclaimer


Example


Background Information

✦ Brief procedural history

✦ How did that action begin? Who are the parties?

✦ What allegations has each party raised within the Pleadings?

✦ Type of Hearing which led to GAL Appt.?

✦ Relief sought by each party?

✦ Deadlines assigned to the GAL or for Mediation contained in the Orders?

✦ NOTE: Update this each time a Report is filed with the Court.


Examples


WORD OF CAUTION✦ Context is Everything!✦ Always include contextual

details if the photos you use could be interpreted multiple ways.

✦ Identify the people in your photographs.

✦ Identify locations when necessary.


Investigation: Allegations✦ Outline the allegations as

presented within the pleadings.

✦ Include any additional allegations the parties have shared with you directly.

✦ Use this outline to set up the rest of your report.


Example


Interviews with the Parties

✦ Flesh out the allegations from the pleadings with each party.

✦ Ask specific questions and record their answers.

✦ Ask about the results each party expects to receive.

✦ Use this section to list all concerns of the parties which may not have been addressed within the Temporary Hearing Packets.

✦ If parties provide documents, photographs, receipts, or other relevant items to support their allegations, consider including those items as exhibits to the report.

✦ Be sure to note when allegations or concerns are not supported by evidence as well.

✦ Note whether the parties were on time for appointments.


Example


Investigation: Home Visits

✦ Be as diplomatic as possible in describing the home(s).

✦ Let pictures do the “talking.”

✦ Include photo of exterior in the body of the Report.

✦ Include details that may not be apparent from the pictures.

✦ If several pictures need to be included, may be easier to attach as an exhibit to the Report.


Example


Investigation: Witness Interviews

✦ Include Subheadings designating which allegations or concerns the witnesses offered information

✦ Include summaries - no quotes, if possible.

✦ Include conclusions about each witness based on the facts you uncover.

✦ Include observations about each witness.

✦ Include positive changes noted from witnesses.

✦ Include your observations on each witness’s credibility.

✦ Keep track of who you interview and when.


Investigation: Interview with the Child

✦ Handle delicately, but highlight important information.

✦ Don’t quote unless absolutely necessary.

✦ Include positive remarks about the child, i.e., give the parents some praise for having created this special child despite their current differences.

✦ Keep in mind that this section really is the voice of the child. State preferences, but give context, as well.


Conclusion & Recommendations

✦ Factual Conclusions✦ Can make recommendations, however...

✦ Can never make a recommendations as to which party should receive custody (unless asked to do so by the Court.)

✦ Summary of Conclusion & List of Suggestions for the Court to consider when making a ruling.


Example


What to Exclude

✦ Hearsay

✦ Recommendations as to Custody

✦ Personal Characterizations


Examples


What to Exclude✦ Improper Formatting

✦ Rule 10(d) of the SCRCP✦ Not less than 1.5 spacing between

the lines✦ Pages to be numbered consecutively

and fastened at the top so as to read consecutively

✦ Left margin must be 1.5 inchesFriday, January 31, 14

New Resource for GALs The South Carolina

Guardian ad Litem’s ToolkitEdited by

Jenny R. Stevens, Esq.The Stevens Firm, P.A. — Family Law Center

Spartanburg, South Carolina


Final Thoughts...


1188 Asheville HighwaySpartanburg, SC 29303

(864) 598-9172www.SCFamilyLaw.com


http://www.SCFamilyLaw.com

http://www.SCFamilyLaw.com

the gal report: what to include, what to exclude & everything in between

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