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2017 New Hampshire Revised Statutes
Title XLIII - DOMESTIC RELATIONS
Chapter 461-A - PARENTAL RIGHTS AND RESPONSIBILITIES
Section 461-A:16 - Guardian ad Litem.
Universal Citation: NH Rev Stat § 461-A:16 (2017)
461-A:16 Guardian ad Litem. –
I. In all proceedings for divorce, separation, annulment, paternity, or determination of parental rights and responsibilities, the court may appoint a guardian ad litem to represent the interests of the children of the parties, upon its own motion or motion of any party. The court may, in its order of appointment, after considering the nature of the issues raised in the case pending before it, specify the concerns to be addressed by the guardian ad litem, and otherwise limit the scope of the appointment. The guardian ad litem may be appointed to continue to serve after the final decree of divorce has been granted.
II. Persons accepting appointment as guardians ad litem agree to serve as officers of the court and have such standing in the proceedings as the court deems appropriate and may, upon approval of the court, utilize the service of others found necessary by the court to represent the child's best interest.
III. Guardians ad litem shall respect communications between themselves and the child and shall disclose such information only as required by the court, in rendering a report with the guardian ad litem's recommendations. All parties to the case shall have access to, and receive a copy of, any report or recommendation made by the guardian ad litem unless the court explicitly finds that such disclosure is not in the child's best interest. When the child's ability to make adequately considered decisions in connection with the representation is impaired, whether because of minority, mental disability, or some other reason, the guardian ad litem shall be the holder of the privilege and shall have the authority to waive the privilege, but only if the guardian ad litem reasonably believes that the child cannot adequately act in the child's own interest.
IV. When a guardian ad litem is appointed pursuant to this section, the court shall establish a maximum fee for the appointment. The guardian ad litem may exceed the maximum fee for the appointment, or additional fees may be authorized, only with the prior approval of the presiding judge and when all parties have been notified. The fees for services for the guardian ad litem and others utilized by the guardian and approved by the court shall be a charge against the parties in a proportional amount as the court may determine.
V. For good cause shown, the court may waive the requirements of paragraph I. Good cause shall not include the lack of ability to pay by either party.
VI. The supreme court shall provide the following relative to non-certified guardians ad litem appointed pursuant to this section:
(a) Standards and requirements for registration as a guardian ad litem.
(b) Standards for practice, including but not limited to ethical rules.
(c) Disciplinary procedures for violating ethical rules and requirements established under this paragraph.
(d) Penalties for violation of ethical rules and requirements, including, as the court may deem necessary, fines or disciplinary action, or both.
I. In all proceedings for divorce, separation, annulment, paternity, or determination of parental rights and responsibilities, the court may appoint a guardian ad litem to represent the interests of the children of the parties, upon its own motion or motion of any party. The court may, in its order of appointment, after considering the nature of the issues raised in the case pending before it, specify the concerns to be addressed by the guardian ad litem, and otherwise limit the scope of the appointment. The guardian ad litem may be appointed to continue to serve after the final decree of divorce has been granted.
II. Persons accepting appointment as guardians ad litem agree to serve as officers of the court and have such standing in the proceedings as the court deems appropriate and may, upon approval of the court, utilize the service of others found necessary by the court to represent the child's best interest.
III. Guardians ad litem shall respect communications between themselves and the child and shall disclose such information only as required by the court, in rendering a report with the guardian ad litem's recommendations. All parties to the case shall have access to, and receive a copy of, any report or recommendation made by the guardian ad litem unless the court explicitly finds that such disclosure is not in the child's best interest. When the child's ability to make adequately considered decisions in connection with the representation is impaired, whether because of minority, mental disability, or some other reason, the guardian ad litem shall be the holder of the privilege and shall have the authority to waive the privilege, but only if the guardian ad litem reasonably believes that the child cannot adequately act in the child's own interest.
IV. When a guardian ad litem is appointed pursuant to this section, the court shall establish a maximum fee for the appointment. The guardian ad litem may exceed the maximum fee for the appointment, or additional fees may be authorized, only with the prior approval of the presiding judge and when all parties have been notified. The fees for services for the guardian ad litem and others utilized by the guardian and approved by the court shall be a charge against the parties in a proportional amount as the court may determine.
V. For good cause shown, the court may waive the requirements of paragraph I. Good cause shall not include the lack of ability to pay by either party.
VI. The supreme court shall provide the following relative to non-certified guardians ad litem appointed pursuant to this section:
(a) Standards and requirements for registration as a guardian ad litem.
(b) Standards for practice, including but not limited to ethical rules.
(c) Disciplinary procedures for violating ethical rules and requirements established under this paragraph.
(d) Penalties for violation of ethical rules and requirements, including, as the court may deem necessary, fines or disciplinary action, or both.
Source. 2005, 273:1, eff. Oct. 1, 2005. 2011, 224:65, 79, eff. July 1, 2011. 2014, 301:1, eff. Sept. 30, 2014. 2015, 23:1, eff. May 5, 2015.
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