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) 598-9172
Jenny@SCFamilyLaw.com
www.SCFamilyLaw.com
Friday, January 31, 14

Hello!
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Practice 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?!?
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It’s a thankless job sometimes.

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We all dread writing the Report.

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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
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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
could open the
parents’ eyes and
lead to a quicker
resolution.


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Yo u r r e f e r r a l t o
therapy could be the
start of a healthy coparenting relationship
Your Conclusions &
Recommendations
could lead to a Final
Order that will
protect the child going
forward.

The GAL Statute
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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?
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What to Include

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What to Exclude

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& Everything in
Between

Introductory Paragraph
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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
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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.?


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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
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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
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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.

Interviews with the Parties
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Flesh out the allegations from
the pleadings with each party.

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Ask speciﬁc questions and
record their answers.
Ask about the results each
party expects to receive.
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Use this section to list all
concerns of the parties which
may not have been addressed
within the Temporary
Hearing Packets.


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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.

Investigation: Home Visits
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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.


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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.

Investigation: Witness Interviews
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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.


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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
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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
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Factual Conclusions

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Can make recommendations, however...

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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.


What to Exclude
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Hearsay
Recommendations
as to Custody
Personal
Characterizations


What to Exclude
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Improper Formatting

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Rule 10(d) of the SCRCP

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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 inches

New
Resource
for GALs

The South Carolina
Guardian ad Litem’s Toolkit
Edited by

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


Final Thoughts...


1188 Asheville Highway
Spartanburg, SC 29303
(864) 598-9172
www.SCFamilyLaw.com


The GAL Report: What to Include, What to Exclude & Everything In Between

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The GAL Report: What to Include, What to Exclude & Everything In Between