GAL Duties and Bills 11242015

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Lilly Song <mraagent@gmail.com>
GAL duties and bills

Lilly Song <mraagent@gmail.com>
Tue, Nov 24, 2015 at 2:18 PM
To: Laura Roberts <roberts@aeslawfirm.com>
Cc: Vince Giovanni <vgio@aol.com>, danachester415@gmail.com, surgroot@gmail.com, cooperaccounting@gmail.com,
CVrightsasiapcific@gmail.com, panasiacounsel@panasia.co.kr, info@acrc.co.kr, ADA.complaint@usdoj.gov,
EmbassySeoulPA@state.gov, AmericanCenterKorea@state.gov, la@hrw.org, saundersdan@umich.edu
Bcc: ted.taupier@sbdllc.net
Dear Attorney Middleditch,

I recently received the notice from you saying you believe I owe you money for services. Lets be clear you
have done nothing to deserve payment according to the GAL BENCHBOOK PRACTICE GUIDE.
There are many issues with your practice and the execution of your duties as defined by the 7.9 LawyerGuardian Ad Litem (L-GAL) section. There are several parts of this section that remain open from your lack
of accomplishing your required duties.
The following issues are preventing me from making any payment:
1. (4) Conducting his or her own independent investigation (including interviewing the child, social
workers, family members, and others as necessary, and reviewing relevant reports and other
information). your agency or person while being assigned to the case have yet to provide any
documented evidence of your involvement that would warrant a work product of an investigation. To
prove the best interest of the child, the child should know who you are and be able to establish you as a
part of his life. Joshua, the child in you observance does not know you or of you and has no viable
relationship with you.
a. You must provide a documented review of the investigation and report on your findings in a
hearing and on the record with a formalized report. This report has never been produced and was
issued off the record in chambers and by phone. This is not in the best interest of the child.
2. Additionally: Note: At least five business days before the scheduled hearing, the supervising agency
must provide documentation of progress relating to all aspects of the last court-ordered treatment plan
(including copies of evaluations and therapy reports, and verification of parenting time) to a childs
lawyer-guardian ad litem.
a. This report was to be collected by you and presented to the hearing and on the record, none of
this work has ever been produced and means the court ignored their own rules, which makes the
orders null and void.
b. Your bill is also null and void, due to the inability of you and your office as a representative of the
court to provide the due diligence required to make the decision in the best interest of the child
Joshua.
These following sections were also not followed:
3. (6) Reviewing all updated material as provided to the court and parties. None of the GAL bills list any
such activities for the case involving Joshua and his perspective families.
4. (7) Meeting with or observing the child76 and assessing the childs needs and wishes with regard to the
representation and issues in the case at the following times: This effort should have been well
documented and should contain well documented foundations on which to base sole legal and physical
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custody decisions on, however this missing from any hearing record or file show a clear lack of
Judicial proper dicretion and tell the public there are clear reasons that the Court in this case has
show to the public Bias and prejudice against a self represented litigant.
5. (8) Explaining to the child his or her role as the childs lawyer-guardian ad litem. Joshua was never
informed as to your role and what your were there to do. There is no documented proof of the meeting
and the discussion or the outcome of his feedback or next steps.
6. (9) Filing all necessary pleadings and papers. The reports you were to develop and the work product
that substantiated your finding and ex-parte discussion were never based on a foundation of facts and
clearly violate Judicial process and the GAL standard s set forth by the Michigan Benchbook.
7. (10) Independently calling witnesses on the childs behalf. There were no witnesses called on behalf of
the child to ensure the court had a sound understanding as to the correct custody that would ensure
the best interests of the child. There was not sufficient testimonies heard from Plaintiff s witnesses to
render a decision in the best interests of the child.
8. (11) Attending all hearings or substituting representation on the childs behalf with court approval. You
never attended the emergency hearing and only by phone did an opinion was issued which was not
based on any factual work product or documented report. This is a clear dereliction of legal and
moral duty to ensure the the childs best interests are being monitored and presented in the factual
manner demanded by Michigan State Bench Book rules.
9. (12) Making a determination regarding the childs best interests, and advocating for those best interests
regardless of whether the LGALs determination reflects the childs wishes. The lawyer-guardian ad
litem must weigh the childs wishes according to the childs competence and maturity. This was never
done or documented as to the decision of sole custody to the father.
10. (13) Consistent with the law governing attorney-client privilege, informing the court of the childs
wishes and preferences. The childs best wishes and interst were never documented and were only
spoken to the judge on behalf of the child based on exparte off record conversations
11. (14) Monitoring the implementation of case plans and court orders, and determining whether the courtordered services are being timely provided and accomplishing their intended purposes. Note: It is the
lawyer-guardian ad litems duty to inform the court if the services are not being provided in a timely
manner, the family is not taking advantage of the services, or the services are not accomplishing their
intended purposes. This lack of follow up and commitment have further perpetrated the Court
Agents Fraud upon the court by not performing these duties as required and then expecting payment
for such duties.
12. (15) Identifying common interests among the parties and promoting a cooperative resolution of the
matter through consultation with the childs parents, foster care provider, guardian, and caseworker, if
possible, and [c]onsistent with the rules of professional responsibility.
a. You as a L-GAL, an agent to the Court/Judge, have failed to recognize the fact that the
Defendant was found guilty of physical abuse on both the Mother and the Child and yet you
have not incorporated this fact into any co-parenting approach, which is in the childs best
interests. This is the worst fraud because the child is being trafficked by the court and by the
Judge under the L-GALs premise of, in the best interest of the child.
13. (16) Requesting the courts authorization to pursue any additional issues on the childs behalf that do
not arise specifically from the court appointment.
14.
15. (17) Participating in training in early childhood, child, and adolescent development. MCL 712A.17d(1)
(a)-(m); MCR 3.915(B)(2)(a). 77 Note: An attorneys appearance in a child protective proceeding is
governed by MCR 2.117(B). MCR 3.915(C). See SCAO form JC 07, Appearance of Attorney/ Guardian
Ad Litem/Lawyer-Guardian Ad Litem, at http:// courts.mi.gov/Administration/SCAO/Forms/
courtforms/juvenile/jc07.pdf. The court must inquire at each hearing whether the lawyer-guardian ad
litem has met or had contact with the child. MCR 3.915(B)(2)(a). If the lawyer-guardian has not met or
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had contact with the child, the lawyer- - Please provide all certi
icates of training and liability
Please provide all certificates
of training and liability
insurance you carry to provide L-GAL insurance and your policy number and that the policy
insurance you carry to provide L-GAL insurance and your policy number and that the policy is
is paid and up to date.
paid
and court
up to must
date. inquire at each hearing whether the lawyer-guardian ad litem has met or had contact
16. The
with the child. MCR 3.915(B)(2)(a). If the lawyer-guardian has not met or had contact with the child,
the lawyer-guardian ad litem must state on the record the reasons for failing to do so. Id.
You were ordered to meet with Joshua regarding his emotional/psychological distress. You accepted
this position without having acquired childhood expertise, billed for the same and never submitted
your recommendation. This meeting was also the first time you met with Joshua, after 13 months of
your appointment.
17. Where a conflict exists between a lawyer-guardian ad litems determination of a childs best interests
and what the child identifies as his or her interests, the lawyer-guardian ad litem court must
communicate the childs position to the court. MCL 712A.17d(2). The court may appoint an attorney to
represent the child if it deems the attorney appointment appropriate given the childs age and maturity,
and nature of the discrepancy between the childs stated interests and the guardian ad litems
determination of the childs best interests. Id.; MCR 3.915(B)(2)(b). See Section 7.10 for additional
information on a childs attorney appointment.
According to Lawyer-Guardian ad Litem Protocol, you have failed to address issues related to child abuse.
Below is a capture of your correspondence purporting your biased stance and lack of care of your client, who
is Joshua - not William - while endlessly threatening sanctions against your clients mother.
You have failed your duty by utilizing the recent amendment to Michigans statutes which provides that "in
determining the parent with whom a child shall remain, the court shall consider all facts in the best interest of the child
and shall not prefer one parent over the other solely on the basis of the sex of the parent." The standards for court
determination of custody, set forth in the 722.23 Best interests of the child defined. Sec. 3. Of the Michigan
Statute Code
As used in this act, best interests of the child means the sum total of the following factors to be considered,
evaluated, and determined by the court:
(a)
The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education
and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care
recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship
between the child and the other parent or the child and the parents.
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(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
This key process by which you failed to use these state reason are at the heart of your utter failure as a States
Court Agent appointed to establish the BEST INTEREST OF Joshua and you have failed the court and the
Judge. You further failed to document these finding based on the above factors clearly states your failure and
the court failure in establishing fact based decision on their own administrative processes. It is these failure
that are paramount in the failure to establish a clear and documented best interests of Joshua in my case.
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75
An agency case file means the current file from the agency providing direct services to the child, that can include the
child protective services file if the child has not been removed from the home or the [DHS] or contract agency foster
care file as defined under . . . MCL 722.111 to [MCL] 722.128. MCL 712A.13a(1)(b).
76
The court may permit the lawyer-guardian ad litem an alternative means to contact the child if good cause is shown on
the record. MCL 712A.17d(1)(e).
Sincerely,
Lillian Song
DearAttorneyMiddleditch.docx.docx
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1/18/2016 10:40 PM

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Lilly Song <mraagent@gmail.com>