Dover, NH asked in Divorce, Family Law and Child Custody for New Hampshire

Q: Is it OK for my GAL to forward our private email's to the opposing counsel without my permission?

I was having a back and forth email conversation with my GAL. In the emails I was discussing a proposed parenting plan that I have been working on. My GAL decided to forward our conversation, including the draft of my parenting plan to the opposing counsel, stating that "the other counsel has a right to know that this will be going to trial." My question is, I understand that the opposing counsel has the right to know that this will be going to trial, but was it ok for the GAL to forward my parenting plan draft and the rest of our private conversation?

Also, the GAL has requested to present an Oral Report. I requested copies of all notes, invoices, time sheets, and any other documentation of the things she has done in this matter. She said that she will not disclose any of that to me. Do I have a right to any of this information?

2 Lawyer Answers

Joseph Caulfield

  • Divorce Lawyer
  • Lyndeborough, NH
  • Licensed in New Hampshire

A: Unless you've agreed to something else in the GAL Stipulation, the GAL's file is open to both parties, meaning everything can be obtained.

Amy C. Connolly agrees with this answer

Amy C. Connolly

  • Divorce Lawyer
  • Exeter, NH
  • Licensed in New Hampshire

A: The GAL needs to give you access to anything relied upon as a basis for the recommendation. No communication between you at the GAL is considered confidential. Most GALs will print every email between both parties and keep it in the file that can be reviewed upon the opposing side's request. Because the GAL has an "open file" both sides have access to the complete investigation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.