Sean C. Keenan v. Patricia A. Casillo (2011)

MEMORANDUM OF DECISION

The Court finds that the plaintiff has standing to file a motion for removal of a guardian ad litem and the Court to hear and adjudicate same pendente lite.   After a lengthy hearing and after considering the evidence presented the Court finds that it is not unusual for a party who is charged with misconduct as in the present case to remonstrate.   While plaintiff claims that the GAL was no-responsive to some of his claims her duties did not necessitate any action on her part and some of the claims could simply have been referred to law enforcement by the plaintiff.

The Court is not satisfied after hearing all the evidence that the GAL has manifested any bias or prejudice that would affect the outcome of the case.

In the Court's memorandum of decision of March 29, 2011 the Court made it clear that the monitoring of the situation with the assistance of a child therapist agreeable to the parties (emphasis added) is ordered.   Obviously the father was steadfastly opposed to continue on with Dr. Sink and that manifested itself at the hearing prior to the issuance of the Court's memorandum of decision of March 29, 2011.   The action of the guardian ad litem was in contravention of the Court order.

By the Court,

OWENS, J.T.R.

Owens, Howard T., J.T.R.