(For educational purposes only. Consult your attorney before you considering using these in your own case.)
GAL Acting Like a Witness Without Being Sworn
“Your Honor, I object. The Guardian ad Litem is making statements of fact without being sworn in as a witness or subject to cross-examination, in violation of the Utah Rules of Evidence. I request that factual statements come from sworn testimony, not unsworn attorney argument.”
GAL and/or Custody Evaluator Relaying Hearsay From the Child or Others
“Your Honor, I object to hearsay. The GAL/custody evaluator is attempting to relay out-of-court statements as fact. Under Utah Rules of Evidence 802, hearsay is inadmissible unless it fits an exception, and no exception has been shown.”
GAL or Evaluator Misstating the Child’s Wishes
“Your Honor, I object. The child’s wishes are being characterized rather than directly presented. I request an in-camera interview under Utah Rule of Civil Procedure 43 so the court can hear directly from the child, un-summarized, unfiltered, and in the child’s own words directly from the child’s mouth to the court’s ear.”
GAL or Evaluator Offering Opinions Beyond His/Her Role
“Your Honor, I object. The [GAL/custody evaluator] is offering an opinion outside the scope of his/her role and qualifications. I request that statements from the [GAL/custody evaluator] be limited to permissible subjects under [Utah Code § 78A-2-803 for GALs and under Rule 4-903 and Utah Rules of Evidence 702, 703, 704, 705 for custody evaluators].”
Preserving the Record for Appeal
If the judge or commissioner overrules your objection, politely but firmly state:
“For the record, I respectfully preserve my objection.”
Note: Objections don’t have to be perfect, they just have to be clear enough to alert the court to the problem. Your attorney can refine them, but if you’re representing yourself, don’t be afraid to stand up for the rules.
Utah Family Law, LC | divorceutah.com | 801-466-9277