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Order For Appointment Of Guardian Ad Litem Form. This is a Maine form and can be use in District Court Statewide.
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Tags: Order For Appointment Of Guardian Ad Litem, FM-125, Maine Statewide, District Court
FM-125, Rev. 11/17 THIS FORM MAY NOT BE ALTERED OR MODIFIED 1 STATE OF MAINE DISTRICT COURT Location Docket No. Plaintiff ORDER APPOINTING GUARDIAN AD LITEM (GAL) v. Limited-Purpose Standard Expanded (Initial Appointments ONLY) Defendant 1. Pursuant to 19-A M.R.S. 2441507(1) and subject to the conditions set forth below, the court appoints a guardian ad litem (GAL) for the following child(ren) whose name(s) and date(s) of birth are:. 2. The GAL appointed by the court and listed below is currently on the roster of qualified Maine GALs; or The GAL appointed by the court and listed below is a qualified attorney licensed to practice in Maine who is not currently listed on the GAL roster. The following findings establish good cause for appointing an unrostered GAL: the GAL has the necessary skills and experience in family or guardian matters (See M.R.G.A.L. 2(a)(1) or, other qualifications: The GAL325s name is: The GAL325s contact information is: 3 No party objects to the GAL appointment or the fee arrangements specified below; or Plaintiff Defendant Other () objects to appointment of a GAL but, after careful consideration, the court concludes the following factors in 4 M.R.S. 244 1555(1)(B) support the appointment: ; and/or Plaintiff Defendant Other () objects to the fee arrangement below but, after careful consideration, the court concludes the following factors in M.R.G.A.L. 4(b)(4)(C) support the fee arrangement . TYPE OF GAL APPOINTMENT, GAL325S INVESTIGATIVE DUTIES, AND RESPONSIBILITY FOR WRITTEN REPORT The GAL shall not perform and is not expected to perform any duties beyond those specified in this order (including responding to telephone calls, emails, and other communications from the parties) unless or until an amended or new order is entered. 4. TYPE OF APPOINTMENT (choose A, B, or C) A. Limited-Purpose Appointment. i. Duties. The GAL must perform the following specific duties: . American LegalNet, Inc. www.FormsWorkFlow.com FM-125, Rev. 11/17 THIS FORM MAY NOT BE ALTERED OR MODIFIED 2 Appear at mediation (in person) and/or the status conference (telephonically) interim hearingfinal hearingand/or the other court-related event(s) listed here: . ii. Other provisions of the limited appointment. . B. Standard Appointment. i. Duties. The GAL shall appear at the final hearing in this matter to testify and to be available for cross-examination. Before the hearing, the GAL must perform the following specific duties: ! Observe the child(ren) in the home or homes where the child(ren) regularly live, and for each child over age 3, conduct a face-to-face interview with the child; and ! Interview each parent and any adult who resides in the home(s) where the child(ren) regularly live. Appear at mediation (in person) and/or the status conference (telephonically) interim hearingfinal hearingand/or the other court-related event(s) listed here: . ii. Other provisions of the standard appointment. . C. Expanded Appointment. i. Duties. Until this appointment ends, the GAL shall appear at allcourt events in this matter unless excused by the court. Before the hearing, the GAL must perform the following specific duties: ! Observe the child(ren) in the home or homes where the child(ren) regularly live, and for each child over the age of 3, conduct a face-to-face interview with the child; and ! Interview each parent and any adult who lives in the home(s) where the child(ren) regularly live; Interview the following teachers and other people who know about the child or family: ; Review 325s mental health medical and/or educational records; Review 325s mental health medical and/or educational records; Review 325s mental health medical and/or educational records; Review plaintiff325s mental health records medical records ; Review defendant325s mental health records medical records ; Hire a qualified medical or mental health educational provider to evaluate by (date) with the cost not to be more than: $ ; By (date), arrange for counseling for these child(ren): ; Subpoena witnesses and documents and examine and cross-examine witnesses; Serve as a contact person between the parents and the child(ren) as follows ; Appear at mediation (in person) and/or the status conference (telephonically) interim hearingfinal hearingand/or the other court-related event(s) listed here: . Other duties: . American LegalNet, Inc. www.FormsWorkFlow.com FM-125, Rev. 11/17 THIS FORM MAY NOT BE ALTERED OR MODIFIED 3 ii. Other provisions of the expanded appointment. . 5. LENGTH OF APPOINTMENT This GAL appointment ends at the end of the interim hearing final hearing upon entry of final judgment upon further order of the courtor on (date). 6. WRITTEN REPORT: The GAL is not required to submit a written report before testifying at the hearing (limited appointments only); The GAL shall provide a summary written or oral report with preliminary findings and preliminary recommendations to the parties on or before:; The GAL shall submit a written report to the court and to the parties 14 days before the hearing or on (date) , unless the GAL has been notified that the case has settled, in which case no written report is required. If the GAL is notified by a party or the court that the case has settled before the GAL has completed the written report, the GAL may not bill the parties for any further work on the written report. The written report must include the results of the GAL325s investigation and the GAL325s recommendations on the following issues: . 7. FEE ARRANGEMENT A. The GAL shall use the standardized billing, itemization requirements and time reporting processes established by the Family Division. B. The total fee the GAL may receive is as follows (choose one): Flat Fee. The GAL will complete all duties required in this order through the completion of mediation for a fee of $ . If a written report is required thereafter the fee for the report preparation will be $. If the GAL is required to participate in hearing the fee for hearing will be $. Hourly rate: The GAL will complete all duties required in this order by spending no more than hours at an hourly rate of $. OR, Pro Bono or minimal fee. The GAL will complete all duties required in this order without charging a fee or for the minimal fee of $. C. The GAL325s fee, if not a pro bono case, shall be paid as follows: On or before (date), plaintiff shall pay $ , defendant shall pay $ , other () shall pay $. The responsibility for payment may be reallocated at the final hearing. Plaintiff shall pay % of each bill, defendant shall pay % of each bill, other () shall pay % of each bill subject to re-allocation at the final hearing. Each party shall pay the GAL within 14 days week month after receiving each bill; or Plaintiff shall pay $ per week / month toward the GAL fees and expenses, defendant shall pay $ per week / month toward the GAL fees and expenses, and other () shall pay $ per week / month. The responsibility for payment may be changed at the final hearing. In addition, the GAL shall submit an itemized bill to the parties on a monthly / bi-weekly basis. The final fee payments shall be made within 14 days after the filing of the written report or, if no written report is required because the case has settled, within 14 days after the court has adopted the settlement. If the fee is not paid in accordance with this order, the GAL shall notify the court and the parties, and the court may vacate the appointment and take such other action it deems appropriate under the circumstances. D. No additional hours or fees will be authorized or approved for any type of appointment without prior court approval through an amended or new order of appointment. American LegalNet, Inc. www.FormsWorkFlow.com FM-125, Rev. 11/17 THIS FORM MAY NOT BE ALTERED OR MODIFIED 4 8. GENERAL PROVISIONS APPLICABLE TO ALL GAL APPOINTMENTS A. The GAL shall not perform and is not expected to perform any duties beyond those specified in this order (including responding to telephone calls, emails, and other communications from the parties) unless or until an amended or new order is entered. B. The GAL has quasi-judicial immunity from liability resulting from actions un