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
Joseph Caulfield
Answered
  • 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
Amy C. Connolly
Answered
  • 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.

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