New Hampshire Revised Statutes 461-A:16 – Guardian ad Litem
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I. In contested proceedings under RSA 461-A, the court may appoint a guardian ad litem for a minor child when the court has reason for special concern regarding the welfare of the child. The role of the guardian ad litem shall be to gather information to assist the court in determining the best interests of the child. In determining whether to appoint a guardian ad litem, the court shall consider:
(a) The wishes of the parties;
(b) The age of the child;
(c) The nature of the proceeding, including the contentiousness of the hearing;
(d) The financial resources of the parties;
(e) The extent to which a guardian ad litem may assist in providing information concerning the best interest of the child;
(f) Whether the family has experienced a history of domestic abuse;
(g) Abuse of the child by one of the parties;
(h) The educational needs of the child; and
(i) Any other factors the court deems relevant.
I-a. The court shall specify the issues to be addressed by the guardian ad litem in his or her report and may otherwise limit the role of the guardian ad litem.
I-b. The guardian ad litem may participate in hearings and conferences by telephone, except for evidentiary hearings on parenting.
I-c. The guardian ad litem shall file a report of his or her investigation no later than the date of the final pretrial hearing. The report shall not propose any of the following unless specifically requested by the court:
(a) An allocation of decision-making responsibility;
(b) A parenting plan; or
(c) A specific parenting schedule.
I-d. At the court’s request or with the court’s approval, the guardian ad litem may file a supplemental report on specific issues. A preliminary or temporary report shall not be required unless one is ordered by the court due to the extraordinary or special circumstances of the case.
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. All parties to the case shall have access to, and receive a copy of, any report 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 in accordance with this section.
(a) When appointing a guardian ad litem to be paid from a state fund, the court shall establish an hourly rate and a maximum fee for the appointment, which shall not exceed the hourly rate and maximum fee established by court rule for abuse and neglect cases. No funding from a state fund for guardian ad litem fees shall be available to a party whose income is 200 percent or more of the federal poverty level.
(b) When appointing a guardian ad litem to be paid directly by the parties, the hourly rate and maximum fee for the appointment shall be established by written agreement between the guardian ad litem and the parties. The hourly rate shall be not more than twice the rate for state fund cases and shall not exceed 23 hours, unless the parties agree otherwise. The fees for services of 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 determined by the court. In determining the responsibility for payment or repayment, the court shall consider:
(1) The income of the parties;
(2) The marital or nonmarital assets of the parties;
(3) The division of property made as part of the final divorce, if applicable;
(4) Which party requested appointment of the guardian ad litem; and
(5) Other relevant factors.
V. The guardian ad litem shall not exceed the maximum fee for the appointment, or provide services, without prior approval from the court, after a hearing. If the parties agree to the guardian ad litem’s request to exceed the maximum fee, the hearing may be waived.
VI. Unless otherwise ordered by the court or by agreement of the parties, the services of the guardian ad litem shall conclude upon the issuance of the final order.
(a) The wishes of the parties;
Terms Used In New Hampshire Revised Statutes 461-A:16
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) The age of the child;
(c) The nature of the proceeding, including the contentiousness of the hearing;
(d) The financial resources of the parties;
(e) The extent to which a guardian ad litem may assist in providing information concerning the best interest of the child;
(f) Whether the family has experienced a history of domestic abuse;
(g) Abuse of the child by one of the parties;
(h) The educational needs of the child; and
(i) Any other factors the court deems relevant.
I-a. The court shall specify the issues to be addressed by the guardian ad litem in his or her report and may otherwise limit the role of the guardian ad litem.
I-b. The guardian ad litem may participate in hearings and conferences by telephone, except for evidentiary hearings on parenting.
I-c. The guardian ad litem shall file a report of his or her investigation no later than the date of the final pretrial hearing. The report shall not propose any of the following unless specifically requested by the court:
(a) An allocation of decision-making responsibility;
(b) A parenting plan; or
(c) A specific parenting schedule.
I-d. At the court’s request or with the court’s approval, the guardian ad litem may file a supplemental report on specific issues. A preliminary or temporary report shall not be required unless one is ordered by the court due to the extraordinary or special circumstances of the case.
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. All parties to the case shall have access to, and receive a copy of, any report 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 in accordance with this section.
(a) When appointing a guardian ad litem to be paid from a state fund, the court shall establish an hourly rate and a maximum fee for the appointment, which shall not exceed the hourly rate and maximum fee established by court rule for abuse and neglect cases. No funding from a state fund for guardian ad litem fees shall be available to a party whose income is 200 percent or more of the federal poverty level.
(b) When appointing a guardian ad litem to be paid directly by the parties, the hourly rate and maximum fee for the appointment shall be established by written agreement between the guardian ad litem and the parties. The hourly rate shall be not more than twice the rate for state fund cases and shall not exceed 23 hours, unless the parties agree otherwise. The fees for services of 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 determined by the court. In determining the responsibility for payment or repayment, the court shall consider:
(1) The income of the parties;
(2) The marital or nonmarital assets of the parties;
(3) The division of property made as part of the final divorce, if applicable;
(4) Which party requested appointment of the guardian ad litem; and
(5) Other relevant factors.
V. The guardian ad litem shall not exceed the maximum fee for the appointment, or provide services, without prior approval from the court, after a hearing. If the parties agree to the guardian ad litem’s request to exceed the maximum fee, the hearing may be waived.
VI. Unless otherwise ordered by the court or by agreement of the parties, the services of the guardian ad litem shall conclude upon the issuance of the final order.