Order Of Appointment For Guardian Ad Litem {4-402}

4-402. Order appointing guardian ad litem.[For use with District Court Rule 1-053.3 NMRA] STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICT, Petitioner,v.No. , Respondent.ORDER APPOINTING GUARDIAN AD LITEMTHIS MATTER came before the court on , 20. The petitionerwas present and was represented by . The respondent was presentand was represented by . The court having reviewed the file and beingotherwise advised FINDS:1.The court has jurisdiction over the parties and subject matter.2.This action concerns the following minor [child] [children]:, DOB , age ; , DOB , age ; , DOB , age ; , DOB , age . 3.Good cause exists to appoint a Guardian Ad Litem (hereinafter 223GAL224) pursuant toSection 40-4-8 NMSA 1978 and Rule 1-053.3 NMRA to represent the [child222s] [children222s] bestinterests in this case.IT IS HEREBY ORDERED, ADJUDGED AND DECREED:1.Appointment and duties to the court: is hereby appointed asGAL. The GAL shall perform each of the following duties on behalf of the court:(a)monitor, investigate, and protect the best interests of the [child] [children];(b)interview the [child] [children] face-to-face outside the presence of the parties andcounsel if the [child is] [children are] six (6) years of age or older; If the [child is] [children are]under the age of six (6), the GAL may interview the [child] [children] outside the presence of theparties and counsel at the GAL222s discretion; American LegalNet, Inc. www.FormsWorkFlow.com (c)interview all available parties in conformity with Rule 16-402 NMRA outside thepresence of the [child] [children];(d)interview each mental health professional treating the [child] [children];(e)interview any other [person] [persons] and review any relevant records the GALdeems reasonably necessary;(f)determine the [child222s] [children222s] wishes, if appropriate;(g)submit, but do not file, a written report of investigation and separate writtenrecommendations to all parties and counsel at least eleven (11) days before the recommendationsare filed with the court, except in the case of emergency; (h)file the recommendations, but not the report, with the court;(i)perform the duties to the [child] [children] as set forth in Paragraphs H and I ofRule 1-053.3 NMRA; and(j)in addition to the foregoing, the court directs the GAL to: 2.Adoption of GAL recommendations:(a)If the parties are willing to adopt the GAL222s recommendations, they shall submit astipulated order adopting the recommendations within eleven (11) days after therecommendations are filed.(b)If one or both parties are not willing to adopt the recommendations, such partymay file objections to the recommendations within eleven (11) days after the recommendationsare filed and a request and notice for hearing on the objections. The objections shall specificallystate what recommendations are objected to and the basis for the objection. The court will set ahearing on the objections.(c)A party222s failure to file timely objections to the recommendations of the GALshall be deemed a waiver of the right to object, and the court shall, without the necessity of ahearing, enter an order adopting the GAL222s recommendations.3.Acceptance of appointment. If the named GAL is willing to serve, the named GALshall forthwith file an entry of appearance. If the named GAL is unable or unwilling to serve, thenamed GAL shall promptly advise the court.4.Expiration of appointment. This appointment shall expire on . American LegalNet, Inc. www.FormsWorkFlow.com 5.Immunity of GAL. The GAL serves as an arm of the court and assists the court indischarging its duty to adjudicate the [child222s] [children222s] best interests.6.Duties of parties. The parties and minor children over the age of fourteen (14) shallassist the GAL in carrying out the duties set forth in this order, including providing informationand documents requested by the GAL and signing any releases requested by the GAL. 7.GAL fees.(a)On or before , 20, petitioner shall advance$ and respondent shall advance $ to the GAL as a retainertoward the GAL222s fees and expenses. The GAL shall be paid at an hourly rate of . When the GAL fees exceed the retainer, petitioner shall pay % and respondent shallpay % of the additional fees.(b)The GAL shall submit itemized monthly invoices for professional services to theparties.(c)The GAL may recommend reallocation of GAL fees and expenses.(d)Either party or the GAL may request a hearing on the GAL fees and costs. TheGAL shall request a review hearing if the GAL fees and expenses exceed .(e)GAL fees are considered in the nature of support of the child.(f)The GAL shall not begin work until receiving a copy of the endorsed orderappointing the GAL and full payment of the retainer.8.Hearings. The GAL may request an expedited hearing if there is non-compliance withthis order.District court judgeCERTIFICATE OF MAILINGI, , certify that I caused an endorsed copy of this orderappointing guardian ad litem to be served on the following persons by (delivery) (mail) on thisday of , :(Name of petitioner)(Name of petitioner222s attorney) American LegalNet, Inc. www.FormsWorkFlow.com (Name of respondent)(Name of respondent222s attorney)(Name of guardian ad litem)(Name of person signing certificate)[4A-342 NMRA; provisionally approved by Supreme Court Order No. 06-8300-029, effectiveJanuary 15, 2007 until January 15, 2008; approved and recompiled by Supreme Court Order No.07-8300-021, effective August 21, 2007; as amended by Supreme Court Order No. 17-8300-017,effective for all cases pending or filed on or after December 31, 2017.] American LegalNet, Inc. www.FormsWorkFlow.com