N.H. Code Admin. R. Gal 504.03

Current through Register No. 25, June 20, 2024
Section Gal 504.03 - Specific Duties in Domestic Relations Cases
(a) The specific duties of a guardian ad litem in a domestic relations case set forth in this section shall be in addition to the other obligations and duties of all guardians ad litem as set forth in these rules.
(b) Unless otherwise provided by the appointing court, a guardian ad litem shall, on at least one occasion, meet in person with each party to the case.
(c) Unless otherwise instructed by the appointing court, a guardian ad litem shall inquire of each party as to the names of witnesses who each party believes are essential to the guardian ad litem's investigation of the case.
(d) A guardian ad litem in a domestic relations case shall be deemed to have fully discharged his or her duties under this chapter relative to contacting witnesses or references appearing on any list if he or she has made a good faith attempt to contact 3 witnesses from the list supplied by each party, or, if a party specifies less than 3 witnesses or references, if the guardian ad litem has made a good faith attempt to contact all witnesses and references listed by that party.
(e) In a domestic relations case, a guardian ad litem may disclose information under Gal 503.12(d) (1) or (2) or as is otherwise permitted by law, only after the guardian ad litem has informed the recipient of services of the guardian ad litem's intent to disclose. Such disclosure shall not be required in the circumstances specified in Gal 503.12(d) (3) though (6).
(f) In a domestic relations case in which the guardian ad litem is uncertain about whether to disclose potentially confidential information, the guardian ad litem shall seek court review before disclosing the information and shall, to the extent consistent with the best interests of the recipient of services, seek such protective orders as may be required to limit the disclosure.
(g) If a guardian ad litem is aware that a recipient of services disagrees with a recommendation being made by the guardian ad litem, the guardian ad litem shall advise the appointing court of this fact unless the guardian ad litem believes that to do so may result in harm to the recipient of services.
(h) In the case of a mature minor as described in RSA 461-A:11 (e), I, if the recipient of services makes known to the guardian ad litem his or her preferences relative to matters on which the guardian ad litem is offering a recommendation, the guardian ad litem shall advise the appointing court of those preferences.

N.H. Code Admin. R. Gal 504.03

#8941, eff 9-15-07

Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.