Gilbert v. Gilbert

Today, we rule that the family court erred in relying on the written report of a guardian ad litem (GAL) that contained personal judgments and conclusions by third parties not contained in the record, when such report was objected to by a party and not admitted pursuant to the rules of evidence. Accordingly, we reverse and remand the award of parental rights and responsibilities to the father. Defendant mother also appeals the denial of a subsequent motion to stay the transfer of custody pending appeal, in which the judge granted plaintiff attorney’s fees for the' motion. We affirm the denial…