Judge: Mark H. Epstein, Case: SC127208, Date: 2023-04-27 Tentative Ruling

Case Number: SC127208    Hearing Date: April 27, 2023    Dept: R

This must be raised immediately (as in today) to the family law court and notice given to minors’ counsel there as well as to the husband.  The court recognizes that this is an ex parte and it has heard but one side of the story.  But if defendant’s recitation is true, the court is more than a little bit troubled at both plaintiff and her counsel.  For now, full transparency and notice is the first step to putting everyone’s mind at ease.  Plaintiffs will provide any and all pleadings in this case to minors’ counsel and the husband (one to each) upon request by such a person within 24 hours of receipt of such a request.  There will be no limitations or redactions.  Plaintiff will also provide copies of all correspondence between plaintiffs (or counsel) and defendants. 

Plaintiff’s counsel will provide all documents relating to this case—including privileged documents—to minor’s counsel upon request.  Because minor’s counsel represents the minors, the court does not believe that providing that information will violate the privilege.  However, minor’s counsel must agree not to provide any of those documents or information contained therein to anyone outside the privilege without obtaining court approval or plaintiff’s consent.  If plaintiff’s counsel believes that a document is privileged only as to plaintiff and not as to the minors, any such document may be logged and not turned over.

Not to put too fine a point on it, but the assertions in the ex parte strongly suggest that the minors are being poorly represented here and it raises strong ethical considerations as to whether plaintiff ought to remain as the GAL as well as concerns pertaining to counsel’s role. 

Technically, the question now before the court is whether the GAL status should be revoked.  The court will set that matter for hearing and will discuss with counsel when that hearing ought to be.