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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
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
Friday, January 31, 14
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.
Friday, January 31, 14
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.
Friday, January 31, 14
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...
Friday, January 31, 14
What will we cover today?
✦ What to Include✦ What to Exclude✦ & Everything in
Between
Friday, January 31, 14
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
Friday, January 31, 14
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.
Friday, January 31, 14
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.
Friday, January 31, 14
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.
Friday, January 31, 14
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.
Friday, January 31, 14
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.
Friday, January 31, 14
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.
Friday, January 31, 14
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.
Friday, January 31, 14
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.
Friday, January 31, 14
What to Exclude
✦ Hearsay
✦ Recommendations as to Custody
✦ Personal Characterizations
Friday, January 31, 14
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
Friday, January 31, 14
1188 Asheville HighwaySpartanburg, SC 29303
(864) 598-9172www.SCFamilyLaw.com
Friday, January 31, 14