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Major modification parenting plan pretrial with GAL involved.

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I have a pretrial soon. Ex is trying to change the PP so I only see my son twice a month for 6 hours based on allegations of emotional abuse. At the show cause hearing the commissioner ordered a GAL. I could not afford his services. I cannot afford an attorney. GAL interviewed everyone, except me. They made me out to be a horrible person. GAL stated that I "declined to participate" though I made it clear that I wanted nothing more, but I was not financially able too. I am Par Se but do not have the time to devote to learning how to navigate the legal system and all of its requirements, as I have other stressors in my life of the same magnitude. Am I facing a potential contempt? At this point is there a way to negotiate out if the other party really doesn't want a trial either?

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Best Answer
Q: Am I facing a potential contempt? A: Based on what you say it does not sound like you have violated any court order, and therefore are not in contempt. Q: At this point is there a way to negotiate out if the other party really doesn't want a trial either? A: Yes. The parties are normally allowed (and even encouraged) to negotiate the provisions of a parenting plan. However, the GAL must be given prior notice of the date set to enter the agreed parenting plan, even if this is done in the Ex Parte department. My AVVO Answers and Legal Guides on parenting plans, modifications, GALs, restrictions under RCW 26.09.191, and mediation may provide more information which is relevant to your inquiry. Keep in mind that they are no substitute for legal advice from an attorney you have retained for consultation or representation. Remember that there are always exceptions to the general rules. Click on my photo to get to my home page. Click on "Contribution” and locate the Legal Guides or Answers which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement
You really need an attorney helping you, but if that is not feasible, then one of the first things you should do is file a motion with the court asking that your portion of the GAL fees be at county expense. This may be granted if you qualify financially. You may need some help with this, so see if there is a family court administrator in your county that can meet with you to give you some procedural guidance. And, yes, there is a way to negotiate an agreement and avoid a trial. This can be done through mediation with a qualified mediator, or through a "parenting conference" with the GAL. Best of luck.
Not contempt, but the GAL will make a recommendations without your input. If you choose to represent yourself you are presumed to know everything an attorney knows meaning that if you go to trial and are unfamiliar with the law or procedure, the court cannot give you a break and it is likely that things will not go very well. Your first priority needs to be finding the money to hire an attorney, absent that, the court will have little sympathy for you.
You should contact the Washington State Bar Association Moderate Means program. You should also ask the Court to apportion the GAL fees to the other party for now with a possible reallocation at trial but you absolutely want to participate in the process with the GAL. You really need an attorney in this matter it sounds to me.

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