James B. Phillips, Jr., Guardian ad Litem

Who he is

James B. Phillips, Jr. is an Ohio attorney (Attorney ID 0073984) who served as guardian ad litem in my divorce case, Summit County Domestic Relations Court case DR-2022-03-0667 (his motion for additional fees, filed 7/25/2023). He replaced the first guardian ad litem, Brendon Kohrs. The order appointing him says: "the GAL shall be permitted to inspect and copy any records relating to the child(ren) without the consent of the child(ren) or parent," on presenting the order to any "school, person or office including but not limited to the Clerk of Courts, ... pediatricians, psychiatrists, or other physicians, psychologists, counselors, or law enforcement agencies." It also says he "shall comply with Superintendence Rule 48" (Judgment Entry, Replacement of Guardian Ad Litem, 1/25/2023, ¶¶1, 5).

1. January to July 2023: the appointment, and what his time log shows

The January 2023 entries set his pay: "$75.00 per hour, not to exceed sixteen (16) hours (or $1,200.00) without prior permission of the assigned magistrate or judge." Each parent was ordered to deposit $508.72 (Judgment Entry, 1/27/2023). I paid my share on February 3, 2023 (docket payment ledger).

He came to my home on February 16, 2023. He postponed our next meeting on February 24: "I need to reschedule our meeting for tomorrow at noon. I am under the weather ... I am out of town next weekend but can do 3/11 at noon" (his email, 2/24/23 11:16 AM). He came back on March 11 and saw my sons with me. On April 13 he wrote: "I am in the progress of contacting the schools and doctor as part of my investigation," and set up his first interview of my sons, at a Panera, on April 22 (his emails, 4/13/23 8:48 AM and 11:04 AM).

On July 25, 2023 he asked the court for 16 more hours and attached his time log through July 23. It totals 23.2 hours (Motion for Additional Guardian Ad Litem Fees and time log, filed 7/25/2023). What it shows:

• Visits and interviews: my home on 2/16/23 (3.2 hours), 3/11/23 (2.5) and 7/9/23 (2.7); my ex-husband on 2/22/23 (2.9), with my sons at his home on 2/28/23 (1.8) and 7/10/23 (1.8); my sons on 4/22/23 (2.7).
• Records: one "CRIMINAL RECORDS CHECK" on 3/10/23, logged at 0.1 hour, and one "EMAIL TO POLICE DEPT" on 5/1/23, also 0.1 hour.
• Schools: "LETTERS TO SCHOOL AND COUNSELOR" (3/16/23), "LETTERS TO SCHOOL SECOND ATTEMPT" (5/1/23), "OLDEST SCHOOL" (5/10/23), "EMAIL YOUNGEST PRE-SCHOOL" (5/17/23) and "PHONE INTERVIEW YOUNGEST'S TEACHER" (5/19/23): 1.6 hours in all.
• Phone calls: one with me on 7/21/23 (0.1 hour), and two with my ex-husband's attorney on 7/11/23 and 7/21/23 (0.3 hour).
• There is no entry for reviewing any document, photo, recording or record. By April 13 he had written to me, "I have received your emails."

On June 21, 2023 he moved to continue the June 22 hearing: "THIS GUARDIAN'S SCHEDULE WAS NOT CHECKED AND HE IS ON VACATION UNTIL JUNE 26, 2023. I AM NOT AVAILABLE" (docket #242, 6/21/2023). When he got back he wrote: "Sorry for the late response but I have been I'll since returning from vacation" (his email, 7/6/23 9:51 AM).

2. July to August 2023: the school, and the outdated order

In late July 2023 my Younger Son had no school for the fall. On July 28 he answered my emails: "I will look into the school issue more and get back to you on Monday. I do believe you both should be talking to each other about school issues" (his email, 7/28/23 4:18 PM). I found no email from him about the school after that.

My Younger Son was enrolled at Rushwood Elementary. On August 18, 2023 I emailed Mr. Phillips: "[My ex-husband] brought the old order in to Rushwood from a year ago and told them [my Younger Son] is only allowed supervised visitation with me. Please do tell why this is being allowed to continue." Seven minutes later he answered: "I will confirm with school about this issue and get back to you. It probably will not be today as I am dealing with other issues all morning" (my email, 8/18/23 9:35 AM; his reply, 9:42 AM). That afternoon I asked him to reach two of my Younger Son's former preschool teachers: "Please reach out to Taylor Chism and Amanda Seely, [my Younger Son]'s teachers at young explorers who rarely ever saw [my ex-husband] drop off or pick up" (my email, 8/18/23 2:01 PM; see Young Explorers).

He did not get back to me about the school in any email or text I have. In his February 2024 report update he wrote, in substance, that my ex-husband admitted giving the school only part of the order, three pages, and that the school told him it had received only three pages and wanted the whole order (GAL report update dated 2/6/2024, my summary). So he learned that the school did not have the full order. I found no record that he told me, gave the school the order, or asked the court to fix it. His time log and report name no contact with the two Young Explorers teachers.

3. August 2023: the witness letters he ignored

In August 2023 I asked people who had known me and my sons to write down what they had seen. Between August 14 and August 31, 2023 I forwarded 64 of their letters and statements to Mr. Phillips by email, each on the day it reached me. One more writer, my former sister-in-law, emailed him herself on August 19. The writers include a neighbor of many years, retired neighbors, a fellow Rushwood parent, my sons' former babysitter, our former house cleaner, our family chiropractor, our former family therapist, two counselors I had seen, mothers from my play groups, my brother and my mother. Most describe me as the parent who stayed home with my sons and cared for them every day. Several describe my ex-husband's conduct that they saw themselves. One writer addressed his letter "To the Guardian of the Children - James Phillips."

I found no email or text in which he acknowledged, answered or asked about any of these letters, and no sign that he called any writer. During those same days he did email me three times, about other things (his emails, 8/17/23 10:39 AM, 8/18/23 9:42 AM, 8/20/23 1:52 PM); after August 20 his next email to me came on December 5. The only time log of his I have ends on July 23, 2023, before the first letter arrived. Neither of his report updates, of February 6 and June 26, 2024, mentions the letters or any of their writers (my reading of both reports), although Sup.R. 48.06(A)(1) requires the report to list the "persons interviewed, documents reviewed."

Private writers are described by their role, not by name; the two professionals who treated my family are named. Times are when each letter reached him. One more letter is counted in the 65 but not listed.

4. The people I asked him to call

The rules required him to "contact all relevant persons." After he interviewed my sons on April 22, 2023, I emailed him the names and phone numbers of five people "for now": a friend who had known us since I began dating my ex-husband, "the kids previous therapist," my sister-in-law, my closest local friend, and one more person (my email, 4/22/23 1:25 PM). On July 19, 2023 I gave him my mother's number: "If you want to get her story directly you can call her" (my email, 7/19/23 7:16 PM). On August 18 I asked him to reach two of my Younger Son's former preschool teachers by name. On March 9, 2024 I asked that my sons see their former therapist again, and on March 20 I texted, "Did you call Stephanie young yet?" On May 9, 2024 I emailed him, "Please interview all six coaches," and named the head coach of my Older Son's track team (my email, 5/9/24 7:11 PM). On June 28, 2024, the day of the hearing, I forwarded him my April 2023 list again and asked: "Out of curiosity, have you yet called a single one of my first-hand witnesses" (my email, 6/28/24 1:44 AM). I found no answer.

His time log through July 23, 2023 shows no call to anyone on my April list or to my mother. It shows a 2.9-hour interview of my ex-husband, two phone calls with my ex-husband's attorney and calls with my sons' counselor (time log, 2/22/23, 7/11/23, 7/21/23, 5/1/23, 7/5/23). His February 2024 report update describes an interview of my ex-husband at a restaurant, visits to his home, at least three more phone interviews with him and a separate interview of the paternal grandmother. It names none of the people on my list (GAL report update dated 2/6/2024, my summary). I found no message showing that he called the former therapist, the teachers or the coaches.

None of my witnesses told me he contacted them. That includes the people on my April 2023 list, my mother, the teachers, my sons' former therapist, the coaches, and all 65 people who wrote the letters in section 3. As far as I know, he contacted none of them.

He did reach two people who worked with me. My divorce coach wrote to me: "I spoke with James last night. I think we had a good conversation" (her email, 5/31/24 1:28 PM). And on July 8, 2024, ten days after the hearing, he emailed a life coach I had worked with, who answered him that afternoon (the coach's reply, 7/8/24 1:23 PM, quoting his email of 9:03 AM).

5. October to December 2023: "I will reach out to the school"

The judge ruled at the October 4 hearing, and the written order followed on October 12 (docket #303, "ORDER / RE: PARENTING TIME; GAL REPORT," 10/12/2023). On October 5 he texted me: "the judge listened to the testimony and made his ruling. Your attorney is the person for you to ask about your options regarding the decision" (his text, 10/5/23 4:54 PM).

On December 6, 2023 I texted him that I had been having lunch with my Younger Son at school every day since November 29. On December 12 he emailed me: "I have communicated with the principal concerning your lunch time visits with [my Younger Son]." In the same email he wrote: "I am recommending that you reduce your lunch visits to once a week" (his email, 12/12/23 3:54 PM). There was no court order limiting my lunches. The principal had written to me that same day: "I am not going to tell you that you cannot do this" (Dr. O'Mara's email, 12/12/23 12:30 PM). So he did reach the school, about my lunch visits. I have no message showing that he talked with my son's teachers about what I asked, or about the order the school was using.

6. The records he did not get

The rules required him to "Obtain and review relevant criminal, civil, educational, mental health, medical, and administrative records," and his appointment order let him get them without anyone's consent. On March 20, 2024, I texted him, and sent the same words by email at 12:21 PM with three photos attached:

In a text between those two, I wrote that I assumed he had "listened to none of my audio files and read none of the letters or looked at any of my evidence" (my text, 3/20/24 12:11 PM). He did not answer by text. At 2:14 PM he emailed me: "I will not debate my investigation or my recommendations with you outside of the courtroom. I will not do that on any case after my report is submitted. I will say that we are past the point of debating what was done by the court earlier in your case. It is important now to move forward. From this point forward do not text me again about the case. Please communicate with me by email. If new concerns arise about the children, send them to me. I am following up about [my Younger Son] behaviors at school" (his email, 3/20/24 2:14 PM). He did not answer whether he had called the therapist, and he did not say he would request any of the records. I found no later message showing that he did. After that email he did not write to me again until June 11, 83 days later.

His filed time log shows one criminal records check of 0.1 hour and one email to a police department of 0.1 hour (time log, 3/10/23 and 5/1/23). In his February 2024 report update, the 2022 domestic violence arrest is described as my ex-husband told it to him, and the report names no police report, court file or protection order file that he read. He wrote that he had seen my photos of bruises on my Younger Son, judged that the bruises could have had any cause, and accepted my ex-husband's explanation. The report does not say he showed the photos to a doctor or asked for my sons' medical records (GAL report update dated 2/6/2024, my summary). The report also said, in substance, that he would not recount every conversation or email he had in the case (same), while Sup.R. 48.06(A)(1) requires the report to "detail the activities performed, ... persons interviewed, documents reviewed."

7. February to April 2024: the report update, the fees and the calendar

His "Update to Report of Guardian ad Litem" is dated February 6, 2024, for the March 4, 2024 settlement conference (report header). It lists his home visits, including my new home in January 2024, and interviews of my sons on April 22, 2023, August 7, 2023 and January 30, 2024. In it he recommended that my ex-husband have custody and that my parenting time stay unsupervised: every other weekend, plus Tuesday and Wednesday overnights on the other week (GAL report update dated 2/6/2024, my summary).

On March 9, 2024 he texted: "Unless Father agrees you will need to file a motion and have the court order a change in counselors. I will follow up again with the school about [my Younger Son] and his behavior" (his text, 3/9/24 12:05 PM). On March 13 I asked: "When do I start getting those 15 minute phone or video calls?" I have no reply (my text, 3/13/24 7:23 PM).

On April 10, 2024 he moved to continue the April 12 settlement conference: "THIS DATE WAS NOT CLEARED WITH MY CALENDAR AFTER THE TRIAL WAS RESCHEDULED. I AM IN TRIAL THAT MORNING IN STARK COUNTY" (docket #398, 4/10/2024). The next day he emailed the judge's bailiff, my ex-husband's attorney and me: "I only took off for the first two days as I was assured my testimony would be completed in the first two days. ... My report is in so I have no objection if the judge wants to go forward without me" (his email, 4/11/24 2:19 PM). The bailiff answered that she "never received the motion to continue" (4/11/24 2:35 PM).

8. May to July 2024: how my time became supervised

On May 2, 2024 my ex-husband filed an emergency motion to make my parenting time supervised (docket #441, 5/2/2024). When I emailed Mr. Phillips on May 11, I got an automatic reply: "I will be out of the office until May 20, 2024" (auto-reply, 5/11/24). On June 10 I texted him: "Please do me the courtesy of returning my phone call. I have not heard from you in nearly two months" (my text, 6/10/24 10:28 AM).

The next evening he answered by email, not by filing anything: "Since it is now clear that the court does not plan to address either motion before our trial date next month, I will address them in this email. I am in agreement with Father's motion to return your companionship to supervised" (his email, 6/11/24 7:09 PM).

His second "Update to Report of Guardian ad Litem" is dated June 26, 2024, and its header lists the hearing as June 28, 2024: two days later (report header). His appointment order required his report seven days before "any hearing upon a motion requesting a change in disposition." In it he recommended that my contact with my sons be supervised until further court order, at Common Ground. He based it on what the children's counselor told him in a phone call on April 25, 2024, on his own interviews of my sons after that call, and on what my ex-husband told him (GAL report update dated 6/26/2024, my summary). Four months earlier, his own report had recommended unsupervised time with overnights.

The decree I signed on July 17, 2024 gives me "supervised parenting time with the minor children at Common Ground Family Services" (Decree of Divorce, 7/17/2024, Visitation Schedule §A). The same day the court entered an amended order for payment of his fees (docket #471, 7/17/2024).

9. What he was paid

He billed 72.4 hours at $75, for $5,430.00. My half was $2,715.00 (GAL fee motion 7/11/2024; amended order 7/17/2024; see costs and time). Along the way he filed motions for extraordinary fees on July 25, 2023, January 19, 2024 and April 19, 2024, and motions for payment on February 22, March 13 and July 11, 2024 (docket #277, #336, #348, #390, #420, #465). The clerk's ledger shows $3,900.00 paid to him on March 20, 2024 and $1,530.00 on July 17, 2024 (docket payment ledger). The rules required a monthly statement of his fees to both parents. I have not found one in my email. The only time log I have is the one filed with his July 2023 motion; the certificate on it says it was served by email "to Attorney Lisa Dean."

10. After the decree: "Do not text me again"

On August 7, 2024 I sent him a photo. Six minutes later he texted: "My involvement in your case has ended. Do not text me again" (his text, 8/7/24 6:40 PM).

I filed a grievance about him with the Office of Disciplinary Counsel of the Supreme Court of Ohio, dated November 29, 2024. On February 27, 2025 the office dismissed it as file No. C4-2992. Its letter says: "Because guardian ad litems are court-appointed, all their actions are subject to court review and approval. You must raise your concerns with the conduct of a guardian ad litem to the court that appointed him. See Rule 48.07(J) of the Rules of Superintendence for the Courts of Ohio." And: "we have dismissed your grievance and closed our file" (Disciplinary Counsel letter, File No. C4-2992, 2/27/2025).

11. Every email and text, counted

I went through every email and text between us that I could find, from his first email on February 10, 2023 to his last text on August 7, 2024. The texts I have start on August 9, 2023.

• Emails from me: at least 151. Sixteen of them also went to my ex-husband's attorney or others. 64 carried witness letters (section 3).
• Emails from him: 22 written to me, plus 3 scheduling emails to the court's bailiff that copied me and 2 automatic out-of-office replies.
• Texts: 69 from me and 16 from him. Most of his texts came within minutes. After March 9, 2024 he sent me only one more text: "My involvement in your case has ended. Do not text me again" (August 7, 2024).
• Evidence by email: documents and images (April 6, 2023), my Younger Son's school emails (April 10 and 12, 2023), photos of his injuries (April 29, 2023), nine recordings and a photo (August 19, 2023), transcripts of the recordings with the important parts marked "so you don't have to listen through the entire audio recordings if you don't find it pertinent or useful to your report" (August 22 and 25, 2023), and three photos with my records request (March 20, 2024). His only written acknowledgment: "I have received your emails" (his email, 4/13/23 8:48 AM).
• Evidence by text: a video and the recording that goes with it (November 10, 2023), a video (November 24, 2023), a shared album of photos, videos, a calendar and a timeline (March 16, 2024), and a photo (August 7, 2024). He did not acknowledge the first three. To the last he answered, six minutes later, "Do not text me again."
• Recordings in his report: his February 2024 report update says he viewed a video my ex-husband gave him on a flash drive. It does not mention my nine recordings or the transcripts (GAL report update dated 2/6/2024, my summary).
• Silences: 84 days with no email from him (April 13 to July 6, 2023, including his vacation); 107 days (August 20 to December 5, 2023), while I sent him 42 emails and he sent me five texts; and 83 days (March 20 to June 11, 2024), while I sent him 19 emails and one text and he sent me nothing.

What I asked, and what he answered

These are my requests in neutral words, quoted where I can, with his answer and how long it took. "None found" means I found no answer by email or text.

Before each hearing

June 22, 2023 hearing: the day before, he moved to continue it because he was on vacation (docket #242). October 4, 2023 hearing: the evening before, he texted that the judge wanted him present. March 4, 2024 settlement conference: his report update was dated February 6. April 12, 2024 settlement conference: two days before, he moved to continue it because the date "WAS NOT CLEARED WITH MY CALENDAR" (docket #398). June 28, 2024 hearing: after 83 days without writing to me, he emailed me on June 11 that he agreed with supervised time, and his report update was dated June 26.

Who he billed time for

His time log through July 23, 2023 bills six emails to me (0.6 hour) and six to my ex-husband (0.6 hour); one phone call with me (0.1 hour) and two with my ex-husband's attorney (0.3 hour). Home visits with me total 8.4 hours; his interview and home visits with my ex-husband total 6.5 hours. By July 23 I had sent him at least 28 emails. The log bills "EMAIL MOTHER" on May 1 and June 21, 2023; I have found no email from him dated May 1, and on June 21 the only email I received from him was his automatic out-of-office reply (time log, filed 7/25/2023).

What he did do

The record shows this too. He came to my homes on February 16, March 11 and July 9, 2023, and January 27, 2024, and he interviewed my sons away from both parents. When he did answer me, he often answered within minutes. He talked with my sons' counselor and with staff at their schools. He spoke with my divorce coach on May 30, 2024, three weeks after I introduced them, and on July 8, 2024 he emailed a life coach I had worked with. He told me how to pay his fees, and he said he would look into moving the exchanges from the police station. His February 2024 report update recommended unsupervised time with overnights, and it was dated about four weeks before the settlement conference.

Emails and records, in order

The rules, in their own words

• Rules of Superintendence for the Courts of Ohio: Sup.R. 48.03 (responsibilities and duties), 48.04 and 48.05 (training), 48.06 (reports) and 48.07 (the court's duties, including complaints), renumbered as Sup.R. 8.03 to 8.07 on July 1, 2026

Children's names, birthdates and addresses are left out of every quote. Names inside quotes are replaced in brackets. The guardian ad litem's reports are summarized in my own words, not quoted; his emails, texts and court filings are quoted. Times are Eastern.