Lilly Song <mraagent@gmail.com>

GAL duties and bills

Lilly Song <mraagent@gmail.com> Tue, Nov 24, 2015 at 2:18 PMTo: 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.eduBcc: ted.taupier@sbdllc.net

Dear Attorney Middleditch,

I recently received the notice from you saying you believe I owe you money for services. Let’s be clear youhave 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 Lawyer-Guardian Ad Litem (L-GAL) section. There are several parts of this section that remain open from your lackof accomplishing your required duties.

The following issues are preventing me from making any payment:

(4) Conducting his or her own independent investigation (including interviewing the child, socialworkers, family members, and others as necessary, and reviewing relevant reports and otherinformation). – your agency or person while being assigned to the case have yet to provide anydocumented evidence of your involvement that would warrant a work product of an investigation. Toprove the best interest of the child, the child should know who you are and be able to establish you as apart of his life. Joshua, the child in you observance does not know you or of you and has no viablerelationship with you.

1.

You must provide a documented review of the investigation and report on your findings in ahearing and on the record with a formalized report. This report has never been produced and wasissued off the record in chambers and by phone. This is not in the best interest of the child.

a.

Additionally: Note: At least five business days before the scheduled hearing, the supervising agencymust 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 child’slawyer-guardian ad litem.

2.

This report was to be collected by you and presented to the hearing and on the record, none ofthis work has ever been produced and means the court ignored their own rules, which makes theorders null and void.

a.

Your bill is also null and void, due to the inability of you and your office as a representative of thecourt to provide the due diligence required to make the decision in the best interest of the childJoshua.

b.

These following sections were also not followed:(6) Reviewing all updated material as provided to the court and parties. – None of the GAL bills list anysuch activities for the case involving Joshua and his perspective families.

3.

(7) Meeting with or observing the child76 and assessing the child’s needs and wishes with regard to therepresentation and issues in the case at the following times: This effort should have been welldocumented and should contain well documented foundations on which to base sole legal and physical

4.

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custody decisions on, however this missing from any hearing record or file show a clear lack ofJudicial proper dicretion and tell the public there are clear reasons that the Court in this case hasshow to the public Bias and prejudice against a self represented litigant.(8) Explaining to the child his or her role as the child’s lawyer-guardian ad litem. Joshua was neverinformed as to your role and what your were there to do. There is no documented proof of the meetingand the discussion or the outcome of his feedback or next steps.

5.

(9) Filing all necessary pleadings and papers. The reports you were to develop and the work productthat substantiated your finding and ex-parte discussion were never based on a foundation of facts andclearly violate Judicial process and the GAL standard s set forth by the Michigan Benchbook.

6.

(10) Independently calling witnesses on the child’s behalf. There were no witnesses called on behalf ofthe child to ensure the court had a sound understanding as to the correct custody that would ensurethe best interests of the child. There was not sufficient testimonies heard from Plaintiff ’s witnesses torender a decision in the best interests of the child.

7.

(11) Attending all hearings or substituting representation on the child’s behalf with court approval. Younever attended the emergency hearing and only by phone did an opinion was issued which was notbased on any factual work product or documented report. This is a clear dereliction of legal andmoral duty to ensure the the child’s best interests are being monitored and presented in the factualmanner demanded by Michigan State Bench Book rules.

8.

(12) Making a determination regarding the child’s best interests, and advocating for those best interests“regardless of whether the LGAL’s determination reflects the child’s wishes.” The lawyer-guardian adlitem must weigh the child’s wishes according to the child’s competence and maturity. This was neverdone or documented as to the decision of sole custody to the father.

9.

(13) “Consistent with the law governing attorney-client privilege, informing the court of the child’swishes and preferences.” – The childs best wishes and interst were never documented and were onlyspoken to the judge on behalf of the child based on exparte off record conversations

10.

(14) Monitoring the implementation of case plans and court orders, and determining whether the court-ordered services are being timely provided and accomplishing their intended purposes. Note: It is thelawyer-guardian ad litem’s duty to inform the court if the services are not being provided in a timelymanner, the family is not taking advantage of the services, or the services are not accomplishing theirintended purposes. – This lack of follow up and commitment have further perpetrated the CourtAgents Fraud upon the court by not performing these duties as required and then expecting paymentfor such duties.

11.

(15) Identifying common interests among the parties and promoting a cooperative resolution of thematter through consultation with the child’s parents, foster care provider, guardian, and caseworker, ifpossible, and “[c]onsistent with the rules of professional responsibility.”

12.

You as a L-GAL, an agent to the Court/Judge, have failed to recognize the fact that theDefendant was found guilty of physical abuse on both the Mother and the Child and yet youhave not incorporated this fact into any co-parenting approach, which is in the child’s bestinterests. This is the worst fraud because the child is being trafficked by the court and by theJudge under the L-GAL’s premise of, in the best interest of the child.

a.

(16) Requesting the court’s authorization to pursue any additional issues on the child’s behalf that donot arise specifically from the court appointment. –

13.

14.(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 attorney’s appearance in a child protective proceeding isgoverned by MCR 2.117(B). MCR 3.915(C). See SCAO form JC 07, Appearance of Attorney/ GuardianAd 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 adlitem has met or had contact with the child. MCR 3.915(B)(2)(a). If the lawyer-guardian has not met or

15.

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had contact with the child, the lawyer--Pleaseprovideallcerti icatesoftrainingandliabilityinsuranceyoucarrytoprovideL-GALinsuranceandyourpolicynumberandthatthepolicyispaidanduptodate.

The court must inquire at each hearing whether the lawyer-guardian ad litem has met or had contactwith 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.

16.

You were ordered to meet with Joshua regarding his emotional/psychological distress. You acceptedthis position without having acquired childhood expertise, billed for the same and never submittedyour recommendation. This meeting was also the first time you met with Joshua, after 13 months ofyour appointment.

Where a conflict exists between a lawyer-guardian ad litem’s determination of a child’s best interestsand what the child identifies as his or her interests, the lawyer-guardian ad litem court mustcommunicate the child’s position to the court. MCL 712A.17d(2). The court may appoint an attorney torepresent the child if it deems the attorney appointment appropriate given the child’s age and maturity,and nature of the discrepancy between the child’s stated interests and the guardian ad litem’sdetermination of the child’s best interests. Id.; MCR 3.915(B)(2)(b). See Section 7.10 for additionalinformation on a child’s attorney appointment.

17.

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, whois Joshua - not William - while endlessly threatening sanctions against your client’s mother.

You have failed your duty – by utilizing the recent amendment to Michigan’s statutes which provides that "indetermining the parent with whom a child shall remain, the court shall consider all facts in the best interest of the childand shall not prefer one parent over the other solely on the basis of the sex of the parent." The standards for courtdetermination of custody, set forth in the 722.23 “Best interests of the child” defined. Sec. 3. Of the MichiganStatute CodeAs 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 educationand 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 carerecognized 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 relationshipbetween 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 State’sCourt Agent appointed to establish the BEST INTEREST OF Joshua and you have failed the court and theJudge. You further failed to document these finding based on the above factors clearly states your failure andthe court failure in establishing fact based decision on their own administrative processes. It is these failurethat 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 thechild protective services file if the child has not been removed from the home or the [DHS] or contract agency fostercare 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 onthe record. MCL 712A.17d(1)(e).

Sincerely,

Lillian Song

DearAttorneyMiddleditch.docx.docx106K

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