I hear all the comments here about Judge Heller not being able to take any action unless she receives a motion of some sort (won't debate whether I agree or not but I will go with the comments made here on this topic for now).
But, Judge Heller in Family Court is sitting with an ongoing case where one of the parties is missing. The case hasn't been dismissed. Motions are still being filed as I think Atty Midler said many motions were filed after JFd went missing.
Riddle me this please.
JFd goes missing 5/24/19 and today is 1/2/20 AND THERE HAS BEEN NO GAL REPORT SINCE JUNE, 2019.
My understanding is that the GAL is tasked with looking out for the welfare of the 5 Dulos children.
Since 5/24/19 the 5 Dulos children have:
1. Experienced great uncertainty as to the location of their mother
2. Were unable last school year to attend in person and were home schooled via video I believe
3. Left their last known home to be relocated in NY with their grandmother
4. Continue to deal with no information about their mother 6+ months later
5. Enrolled in new schools (assumption as we don't know answer to this) in NY and all that this entails with friends and sports and activities etc.
6. Most likely have had limited contact with friends left behind in CT
7. No contact with Fd (I debated including this issue because IMO its appropriate for there to be no contact but the children would have had issues most likely processing the entire issue of their father being involved with the disappearance and presumed murder of their mother).
In short, the above list is not complete but my point is that these 5 children have been through the meat grinder of emotions with the loss of their mother and relocation AND WE HAVE NO REPORT FROM THE GAL!
I'm asking this question having very little personal regard for the GAL in this case and absolutely understanding the merit behind both sets of atty's in the Dulos v Dulos case calling for the dismissal of GAL Meehan. But, Judge Heller chose not to hear the motions regarding the dismissal of GAL Meehan and so unless he was dismissed by Judge Heller unilaterally (which I don't think happened as there is no order listed that I can see) then GAL Meehan IMO still has an obligation to safeguard the interests of the 5 Dulos children in this case.
I'm sorry, but if Judge Heller has an active case (even with odd circumstances due to the disappearance) and she knows that the 5 children have been going through tough times then I would think that she has the obligation to either check on the situation herself with the current custodian GF OR task that GAL to do what they are charged with doing on behalf of the children.
The fact that the GAL has been MIA is something that I don't understand. I know GF is involved but Judge Heller and the GAL are also involved and IMO they had an obligation to look out for the interests of the children and they also IMO totally fell down on the job as it appears nothing has been done by the GAL since June. We don't know if any Custodian/Guardian updates are required by GF to presented to Judge Heller but even so, the GAL had a job to do for which he was being paid $300,000 a year and YET we have not one report during a time of major disruption in the lives of the children since JUNE??????
What is going on?
Is Judge Heller paying attention to the Dulos v Dulos case? Does Judge Heller have a Supervisor? Is anyone in the CT Judiciary watching what is going on with this case regarding the 5 minors?
Why did Atty Midler not ask for a GAL report on behalf of his missing client?
Why did Fd who alleges to care so much about his children NOT ask the GAL why no report has been filed since June? Fd took the time to have his atty's complain about access to information about his children but didn't go the full distance as ask for a comprehensive report? Did he not do this because he still owes the GAL quite a lot of money on unpaid invoices? IDK, but for a father that claims to love his children and miss them every day the fact that Fd didn't ask for a GAL report that I believe he was entitled to is somewhat baffling IMO.
MOO
I have No Doubt that reports Are being made to the Judge in regards to the welfare of the children.
They would be 'off the books' so to speak, otherwise Pattisville/Fd would have access to them and the reports may even be verbal to prevent said access.
We do not want Fd to Know Anything in regards to the children and I believe Judge Heller feels the same.
If these reports are Filed, then Pattisville/Fd would have access to them and would Know Everything in regards to the children. What school they attend, what doctors they go to, and even what Mental Health Practitioners have to say about the children.
If these reports are Not filed as Court Records, then Pattisville/Fd have No Access to them.
And? WE would have No Idea they even exist.
However, this is a different aspect than filing motions in regards to the divorce and protecting marital assets and whom is paying whom.
It is the responsibility of the Attorneys to file motions in these regards.
It is even possible that Dr. GF may have said not to worry about the marital assets.
Bottom line, is that we cannot fault a Judge not ruling on something if the Attorneys have not submitted it to the Court.
What exactly is she to rule on without someone filing a motion?
Judges Must Rule on the Facts Presented.
Could Judge Heller be More Forceful in her Expectations and Requirements of the Attorneys?
Absolutely YES.
Find Fd Guilty of non compliance on providing the Court with an Accurate Financial Affidavit.
Put His Butt In Jail. It is Not That Hard to Understand.
So yes, I do have an issue with the Non Compliance that has been allowed to fester in Family Court.
In this aspect, I Absolutely Fault Judge Heller.
IMO.