QUESTION

If a lawyer acting as a GAL is bias and has an undisclosed conflict of interest with my spouse, what legal consequence would they have?

Asked on Mar 16th, 2024 on Divorce - Florida
More details to this question:
What recourse do I have with a GAL who is continuing to testify in support of my spouse who is violating time-sharing court order and subsequent judge's order in the absence of any reasonable evidence? Can I file a bar complaint?
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
Dear Anonymous: You can file a motion with the court to have the guardian ad litem  removed from the case.  You will need to be specific as to why you believe there is a conflict of interest so the judge can review the facts.   However, from the limited information you provided, it seems that perhaps you should file a motion for contempt and/or a motion to compel your husband to comply with the Court order, as the Court can then review his violations and sanction him, or require him to give you make-up timesharing.  As the judge will ultimately decide your case it is important that the judge know that your husband is violating the Court's orders.  The guardian must look at all the facts.  Parties often feel that the guardain is biased when the guardian supports the other spouse's position.   There are probably a number of factors the guardian is considering in testifying, as you state, in "support of your husband."   But bringing a motion before the Court if you feel that you have sufficient facts is the way to go, not   filing a bar complaint. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward/Miami-Dade: 954-316-3496 Boca Raton: 561-962-2785  
Answered on Mar 27th, 2024 at 5:27 AM

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