Guardian Ad Litems in Family Law Cases

When may a GAL be appointed?

A judge may appoint a guardian ad litem (GAL) when a court case involves custody or visitation rights. Any party to the case or the judge may ask for appointment of a GAL. A GAL may be an attorney, a mental health professional, or a volunteer. The GAL must approve any agreed court orders related to the childrens custody. The GAL may investigate past criminal records, court records, and other important papers. The GAL will interview you and the other parent. S/he may also talk to, or ask for written statements from, your friends or other family members. The GAL should also interview any professionals (such as counselors) that are involved with the children or the parties. The GAL may also observe you and the children at your home and at the other parents home, or in their office or another setting. GALs must have training on issues related to the welfare of children, and must meet standards set by law.

In some counties the GAL may go by a different name, such as Investigator or Court Appointed Special Advocate (CASA).

There may be a fee for the GALs services. The court may enter an order against both or one of the parents to pay for the GAL. If both parents are both low-income, the county may pay the costs. You should ask the court to appoint a GAL if you or your children have been physically or sexually abused. Even when there has not been abuse but there are serious issues as to the other partys ability to be a decent parent, you may need a GAL.

GALs are mandated reporters. State law says a GAL must report a family to law enforcement or to Child Protective Services when the GAL has a reason to believe that a child in a family s/he is investigating has been abused or neglected.

What does the GAL need to know? What does a GAL do?
The GAL investigates the situations of all the parties and the children. Then s/he recommends to the court what type of custody and visitation arrangement would be the best for the children. The GAL must get: notice of all hearings; and copies of papers provided to the court.
1

Most judges take the GALs recommendations very seriously. Cooperate as best as you can with the GAL. Give the GAL the names and current phone numbers of people who will tell the GAL that you are a good parent. Tell those people that the GAL may contact them. Also, show the GAL what steps you have taken to get past any

problems you have had or have now that affect your parenting. You must let the GAL know what the other parent has done or might do to your children to put them at risk. Focus on how the other parents problems will negatively affect the children. Give the GAL names, addresses, and phone numbers of people who can back up your concerns. Tell these people to expect the GAL to contact them. Tell them it is important for them to cooperate with the GAL. Our publication called Working with GALS and Parenting Evaluators: Tips for Parents in Family Law Cases, also available at www.washingtonlawhelp.org, has more information.

office, to see if your county has these resources. In some situations, you may not be able to choose who serves as your GAL. In some counties, the court appoints GALs off the courts list. It will give you the next GAL on the list whether you have asked for that GAL or not. And when an evaluator or GAL is appointed from a court agency (such as Family Court Services or CASA), the agency chooses the person who will serve as GAL. Once your GAL is appointed, by law s/he must provide the parents with a background statement describing his/her training, information regarding whether s/he had been removed from a case or from the GAL registry in any other county, and any criminal history or record.

How do I find a GAL?

If you can afford to pay a GAL, and your county allows parties to choose their GAL, look at different GALs before you decide. Each superior court clerk should have a list of possible GALs who have met the courts training requirements. Go to the court clerks office and ask for this list. Ask to review the resumes of the possible GALs as well. If you have time, call a few of them to find out how much they charge, whether they are available, and whether you like them. They may require a retainer fee from $500 - $3000. The final cost can be much higher. Even if you cannot afford to pay a GAL, you may still have options available. Some courts have a Family Court Services or other countyfunded social service agency that does parenting or custody or domestic violence evaluations. Some courts have a Court Appointed Special Advocate (CASA) program, CASA provides free volunteer GALs. Check with your family law facilitator, or the clerks
2

How do I ask for appointment of a GAL?

If you want to ask for the appointment of a GAL, you must file a motion to appoint a GAL. To do this, you must fill out the following three forms, file them, and serve them on the other parties in your case. Filling Out the Motion Papers Depending on what type of case you have, you will use: For dissolutions, legal separations, invalidity of marriage, nonparental custody, and modification cases: Note for Motion Docket (A sample Note for Motion is attached. This form may be different in your county.) You can get a copy of your countys Note from your county court clerk and/or the courthouse facilitator; Motion And Declaration For Temporary Order; and

Order Appointing Guardian Ad Litem/Lawyer/ Investigator On Behalf Of Minor. For parentage cases: Motion and Declaration for Order Appointing Guardian Ad Litem; Order Appointing Guardian Ad Litem for a Minor Party or Incapacitated Respondent; or Order Appointing Guardian Ad Litem on Behalf of Minor. For nonparental custody cases: Order Appointing Guardian Ad Litem on Behalf of Minor.

Filing a Motion for Temporary Orders for Parentage Cases, and Filing Temporary Orders for Nonparental Custody.

The mandatory forms have spaces meant for a lawyer to fill out. You can write in Moving Party wherever Attorney or Lawyer is used. Write pro se under your name to let the court know you are representing yourself. Put a mailing address and telephone number on each court paper so that the court can get in touch with you. In the declaration part of the form you are using, tell the court why you believe the court should appoint a GAL. If you cannot afford to pay a GAL, say that in your declaration. You may also attach any papers supporting your request to your declaration as exhibits. Also, there is a place on the Motion and Declaration form for you to propose someone to be appointed as the GAL. (On the parentage Motion form, you can put the name of the person you want in the Other section.) If you do not have a name, in the blank for the name of the GAL write a person acceptable to the court. Serving the Motion Papers Once you have filled out all the papers and signed them, make one copy of each document for: Each of the other parties, The judge, and Yourself. You will file the original of the Note for Motion Docket and the original of the Motion and Declaration form with the superior court clerks office in your county. You also need
3

Check with your court clerk to make sure these are the current forms to use. The forms sometimes change. Your county court clerk or the courthouse facilitator will have any special forms used in your county. If your county uses the state court mandatory forms, use the forms in this publication (current as of 11/2011). Or get them free from the Office of the Administrator of the Courts, Temple of Justice, AV-01, Olympia, WA 98504 (phone number: (360) 753-3365) or download them at http://www.courts.wa.gov/forms.

Our do-it-yourself packets available at www.washingtonlawhelp.org have detailed instructions on filling out the forms to appoint a GAL: Filing a Motion for Temporary Orders for Dissolution Cases

to mail a copy of the Note for Motion Docket and a copy of the Motion and Declaration and your proposed Order Appointing GAL to each of the other parties before the date of your hearing. Check with the court clerks office, family law facilitator, or your local court rules (available in the law library) to find out how many days before the hearing the other parties and the court must get your motion. If you mail the materials to the other parties, add three (3) days to the notice required. Check your countys local rules to see if the Judge or court commissioner that will be hearing your case needs a copy of these documents a few days before the hearing, and if so, when. The copies for the judge and other parties are working papers. If you must provide working papers to the judge, you should hand-deliver them to the courthouse by the same date that you have to serve the other parties. Working papers are usually to be delivered to a different place in the courthouse than the place where the originals are filed. Ask the clerk or courthouse facilitator for information about where the working papers should be delivered. If you cannot go to the courthouse to file your originals and to deliver your working papers, call the clerk to see if you can mail them to the judge.

In most counties, you must file and mail the motion papers at least nine days before the date you set for your hearing. This rule varies by county. Contact the family law facilitator, clerks office, or law library, to find out how much notice you must give for a family law motion.

Always add three days for mailing.

Talk to with your family law facilitator or court clerk for your countys special rules that apply to filing family law motions. You do not file the original copy of the Order Appointing GAL. Take it with you when you go to court. You must go to court at the time and on the date stated in your Note for Motion Docket. When your case is called, go in front of the Judge. Tell him/her that you want a GAL appointed. If the other party does not want the court to appoint a GAL, s/he will have a chance to tell the judge why. If the Judge agrees to appoint a GAL, you then give the judge the original of your Order Appointing GAL to sign. Make sure the GAL gets a copy of the order after the judge signs it.
3103EN

This publication provides general information concerning your rights and responsibilities. It is not a substitute for specific legal advice. This information is current as of the date of its printing, November 2011. 2011 Northwest Justice Project 1-888-201-1014 (Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-commercial purposes only.)

Superior Court of Washington County of

[ ] In re the Marriage of: [ ] In re the Domestic Partnership of:

No.
Petitioner, and

Motion and Declaration for Temporary Order (MTAF)

Respondent.

I. Motion
Based on the declaration below, the undersigned moves the court for a temporary order which: [] [] [] [] [] orders temporary maintenance. orders child support as determined pursuant to the Washington State child support statutes. approves the parenting plan which is proposed by the [ ] petitioner [ ] respondent. approves the Temporary Residential Time re Military Parents proposed by the [ ] petitioner [ ] respondent pursuant to RCW 26.09.260(11), (12). restrains or enjoins the [ ] petitioner [ ] respondent from transferring, removing, encumbering, concealing or in any way disposing of any property except in the usual course of business or for the necessities of life and requiring each party to notify the other of any extraordinary expenditures made after the order is issued. restrains or enjoins the [ ] petitioner [ ] respondent from disturbing the peace of the other party or of any child. restrains or enjoins the [ ] petitioner [ ] respondent from going onto the grounds of or entering the home, work place or school of the other party or the day care or school of the following named children: . restrains or enjoins the [ ] petitioner [ ] respondent from knowingly coming within or knowingly remaining within (distance) ____________________ of the home, work place or school of the other party or the day care or school of the following children: _____________________________________________________________________________.

[] []

[]

Mtn/Decl for Temp Ord (MTAF) - Page 1 of 3 WPF DR 04.0100 Mandatory (7/2009) - RCW 26.09.060; .110; .120; .194

[]

[] []

[]

[] [] [] [] [] []

restrains or enjoins (name) __________________________ from molesting, assaulting, harassing, or stalking (name) ______________________________. (If the court orders this relief and the parties are intimate partners as defined under federal law, the restrained person will be prohibited from possessing a firearm or ammunition under federal law for the duration of the order. An exception exists for law enforcement officers and military personnel when carrying department/government-issued firearms. 18 U.S.C. 925(a)(1).) restrains or enjoins the [ ] petitioner [ ] respondent from removing any of the children from the state of Washington. restrains or enjoins the [ ] petitioner [ ] respondent from assigning, transferring, borrowing, lapsing, surrendering or changing entitlement of any insurance policies of either or both parties whether medical, health, life or auto insurance. (If this box is checked clear and convincing reasons for this request must be presented in the declaration below.) requires the [ ] petitioner [ ] respondent to surrender any deadly weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of this proceeding, to his or her lawyer or to a person designated by the court. makes each party immediately responsible for their own future debts whether incurred by credit card or loan, security interest or mortgage. divides responsibility for the debts of the parties. authorizes the family home to be occupied by the [ ] petitioner [ ] respondent. orders the use of property. requires the [ ] petitioner [ ] respondent to vacate the family home. requires the [ ] petitioner [ ] respondent to pay temporary attorney fees, other professional fees and costs in the amount of $_______________ to:

[] []

appoints a guardian ad litem on behalf of the minor children. other:

Dated: Signature of Requesting Party or Lawyer/WSBA No.

Print or Type Name

II. Declaration
Temporary relief is required because:
Mtn/Decl for Temp Ord (MTAF) - Page 2 of 3 WPF DR 04.0100 Mandatory (7/2009) - RCW 26.09.060; .110; .120; .194

[]

If a Temporary Residential Time re Military Parents is requested, and I request delegation of residential time or visitation rights to a nonparty, to the best of my knowledge, that person [ ] would [ ] would not be subject to limitations on residential time under RCW 26.09.191. (See paragraph 2.1 and 2.2 of the parenting plan.)

If the surrender of deadly weapons is requested, list reasons:

[]

If the other party is not present and: a) is on active duty and is a National Guard member or Reservist residing in Washington, or b) is a dependent of a National Guard member or Reservist residing in Washington on active duty, list the reasons why this temporary order should be granted despite the absence of the other party:

I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at (city) ___________________, (state) ___________________ on (date) __________________.

Signature of Requesting Party

Print or Type Name

Do not attach financial records, personal health care records or confidential reports to this declaration. Such records should be served on the other party and filed with the court using one of these cover sheets: 1) Sealed Financial Source Documents (WPF DRPSCU 09.0220) for financial records 2) Sealed Personal Health Care Records (WPF DRPSCU 09.0260) for health records 3) Sealed Confidential Report (WPF DRPSCU 09.270) for confidential reports If filed separately using a cover sheet, the records will be sealed to protect your privacy (although they will be available to all parties in the case, their attorneys, court personnel and certain state agencies and boards.) See GR 22(C)(2).

Mtn/Decl for Temp Ord (MTAF) - Page 3 of 3 WPF DR 04.0100 Mandatory (7/2009) - RCW 26.09.060; .110; .120; .194

Superior Court of Washington County of

[ ] In re the Marriage of: [ ] In re the Domestic Partnership of:

No. Order Appointing Guardian ad Litem on Behalf of Minor (ORAPGL)

Petitioner, and Respondent.

I. Basis 1.1 Basis for the Appointment

This appointment is being made pursuant to [] [] [] RCW 26.09 Dissolution RCW 26.26 Parentage Act RCW 26.50 Domestic Violence

1.2

Children to Whom the Order Applies

The [ ] petitioner [ ] respondent [ ] court moved for appointment of a guardian ad litem for the following minor child(ren) in this action: Name Age

Ord Appointing Gal (ORAPGL) - Page 1 of 4 WPF DR 04.0200 Mandatory (7/2009) - RCW 26.09.110; .140; .220.

II. Findings
After reviewing the case record to date and the basis for the motion, the court finds that the motion should be granted because appointment of a guardian ad litem is in the best interest of the child(ren).

III. Order
It is Ordered:

3.1

Appointment of Guardian ad Litem

_________________________________________________ is appointed as guardian ad litem for the above-named minor child(ren) of the parties and shall receive copies of all pleadings and notice of all court proceedings regarding the child(ren).

3.2

Duties of the Guardian ad Litem

The guardian ad litem shall investigate and report factual information regarding the issues ordered to be reported or investigated to the court. The guardian ad litem shall always represent the child(ren)s best interests. The guardian ad litem may make recommendations based upon his or her investigation. The guardian ad litem shall report the child(ren)s expressed preferences regarding the parenting plan to the court, together with the facts relative to whether any preferences are being expressed voluntarily and the degree of the child(ren)s understanding. The guardian ad litem shall make a full and complete written report to the court and counsel/parties on or before (date) __________________________ and at least 60 days before trial provided that an extension may be granted by the court. This report shall include recommendations and bases for those recommendations. Issues ordered to investigate and report: [ ] all issues relating to development of a parenting plan [ ] substance abuse of [ ] mother [ ] father [ ] domestic violence of [ ] mother [ ] father [ ] mental health issues of [ ] mother [ ] father [ ] physical health issues of [ ] mother [ ] father [ ] sexual abuse allegations of [ ] mother [ ] father [ ] criminal history of [ ] mother [ ] father [ ] abandonment or neglect by [ ] mother [ ] father [ ] integration into the non-primary parents home [ ] other:

[ ] other ____________________ [ ] other ____________________ [ ] other ____________________ [ ] other ____________________ [ ] other ____________________ [ ] other ____________________

[ ] The guardian ad litem shall also report to the court on any other issues discovered that could affect the safety of the child(ren).

3.3

Other Duties
Other duties of the guardian ad litem include appearing at all court hearings and pretrial conferences within the scope of appointment unless excused by the court and assisting the parties and counsel in reaching a resolution of the matters involving said child(ren).

Ord Appointing Gal (ORAPGL) - Page 2 of 4 WPF DR 04.0200 Mandatory (7/2009) - RCW 26.09.110; .140; .220.

3.4

Guardian ad Litem Access to Child(ren), Records and Information

To facilitate reasonable investigation of information pertaining to the best interest of the child(ren), the guardian ad litem shall have access to the child(ren) and to all records and information, including authorization to speak with interested persons, from the following sources: law enforcement agencies; Child Protective Services (or the equivalent out-of-state agency); health care providers; mental health care providers; child care providers; the Department of Social and Health Services (or the equivalent agency in another state); and educational institutions. These agencies may withhold or blackout portions of requested information as warranted by law or by court order. The guardian ad litem shall maintain the confidentiality of information except as necessary to fulfill his or her duties as guardian ad litem. Within the scope of appointment, the guardian ad litem shall have access to all Superior Court and Juvenile Court files, including any sealed/confidential portions thereof, other than records sealed pursuant to RCW 13.50.050(7). All information obtained from sealed or confidential files shall remain sealed or confidential, and the guardian ad litem shall inform the court if the guardian ad litem report contains sealed or confidential information. The court clerk shall provide certified copies of this order to the guardian ad litem upon request and without charge. Upon good cause shown, the guardian ad litem or the parties may move that the court make confidential any reports or documents placed in the court file by the guardian ad litem.

3.5

Payment of Fees and Costs

The guardian ad litem fee is $________ per hour up to $________, the maximum the guardian ad litem may charge without additional court review and approval. The fees and costs of the guardian ad litem shall be paid as follows: [] [] ______ % by petitioner and ______ % by respondent ______ % by other: ___________________________________________________ Other:

If the guardian ad litem has been appointed at public expense, the court may assess this cost against the parties if there is a change in financial circumstances. The total amount awarded shall be at the discretion of the court up to the maximum amount allowed after the guardian ad litem files an itemized statement of time with the court, along with a specific request for fees and a proposed Order. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month.

3.6

Consent of Children Over Twelve to Investigation

[] [] Does not apply. _______________________________________________________________________ has/have reached the age of twelve. Written consent for the guardian ad litem to consult

Ord Appointing Gal (ORAPGL) - Page 3 of 4 WPF DR 04.0200 Mandatory (7/2009) - RCW 26.09.110; .140; .220.

with and obtain information from medical, psychiatric, or other experts who have served the child(ren) in the past[ ] has [ ] has not been given by the child.

3.7

Authorization for Release of Information

[] [] Does not apply. Each partys signature hereunder constitutes an authorization for release of information by that party to the agencies listed in paragraph 3.4, above.

3.8

Termination of Appointment
The appointment terminates: [] [] Upon entry of the final parenting plan or residential schedule. Other:

3.9

Other

Dated:

Judge/Commissioner
Presented by: Approved for entry: Notice of presentation waived:

Signature of Party or Lawyer/WSBA No.

Signature of Party or Lawyer/WSBA No.

Print or Type Name

Print or Type Name Accepted upon approval by the court

Guardian Ad Litem Signatures of the Parties: Petitioners Signature Childs Signature Respondents Signature Childs Signature

(See Paragraph 3.6)

(See Paragraph 3.6)

Ord Appointing Gal (ORAPGL) - Page 4 of 4 WPF DR 04.0200 Mandatory (7/2009) - RCW 26.09.110; .140; .220.

SAMPLE FORM - DO NOT FILE

SUPERIOR COURT OF WASHINGTON COUNTY OF EVERGREEN

In re the Marriage of: JANE DOE, Petitioner, and JOE DOE, Respondent. TO THE CLERK OF COURT AND TO: Joe Doe 99 Railway Lane Treelane, WA 98000 NOTE FOR MOTION DOCKET (No Mandatory Form Developed) NO. 01-3-99999-9

Please take notice that this case will be heard on the date below and the clerk is requested to note this issue on the docket for that day. HEARING DATE: Monday, May 18th 2000 HEARING TIME: 10:00 a.m. LOCATION: Evergeen County Superior Courthouse COURTHOUSE ROOM: 2 ADDRESS: 102 West Broadway Treelane, WA 98000 NATURE OF MOTION: Order Appointing Guardian Ad litem.

Date: 05-01-2001

Jane Doe Signature of Moving Party Jane Doe P.O. Box 1 Treelane, WN 98536

NOTE FOR MOTION DOCKET - Page 1 of 1

Superior Court of Washington County of

In re Parentage:

No.
Petitioner, and Respondent, and Respondent, and Child(ren) over the age of 2.

Motion and Declaration for Order Appointing Guardian ad Litem (MTAF)

I. Motion
(Name)______________________________ moves the court for an order providing: 1.1 For appointment of a guardian ad litem for the: [] minor child(ren) (name(s))_______________________________________________ [] for the purpose of investigating, reporting, and recommending to the court as to the residential placement of the child as it relates to that childs support with respect to the issue of parentage. [] [] minor child (name) ____________________________________who is over the age of two and who is a party in the proceeding under RCW 26.26.510. minor child (name) ____________________________________who is over the age of two and who is a party in the proceeding under RCW 26.26.510.

[]

alleged parent respondent, (name) ______________________________, as required by RCW 4.08.050 regarding infants or as required by RCW 4.08.060 regarding incapacitated persons.

1.2

That this appointment terminate upon entry of an order determining parentage or upon further order of the court.

Mtn/Decl for Ord Appt Guardian ad Litem (MTAPGL) - Page 1 of 2 WPF PS 10.0800 (07/2011) - RCW 26.26.555; 4.08.050, .060

1.3

Other:

This motion is based upon the case record to date and the following declaration.

Dated: Signature of Moving Party or Lawyer/WSBA No.

Print or Type Name

II. Declaration
(Name) ______________________________ declares as follows: 2.1 2.2 Declarant is (name) ___________________________________________. [] It appears that there will be a genuine issue with respect to residential placement of the child(ren), or that the best interest of the child(ren) is not adequately represented and that an appointment of a guardian ad litem would be in the best interest of the child(ren) and beneficial to the resolution of this issue. It appears that there will be a genuine issue with respect to parentage that cannot be resolved by genetic tests. It appears that the child(ren), who are over the age of 2, are parties to this action, and a guardian ad litem must be appointed pursuant to RCW 26.26.510. It appears that the respondent is legally incompetent because of minority and a guardian ad litem must be appointed pursuant to RCW 4.08.050. It appears that the respondent is incapacitated and requires the appointment of a guardian ad litem for assistance in dealing with this case. Other:

[]

[] [] [] []

I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at (city) __________________________,(state) _____________ on (date) _________________ .

Signature of Moving Party

Print or Type Name

Mtn/Decl for Ord Appt Guardian ad Litem (MTAPGL) - Page 2 of 2 WPF PS 10.0800 (07/2011) - RCW 26.26.555; 4.08.050, .060

Superior Court of Washington County of

In re Parentage:

No.
Petitioner, and Respondent, and Respondent, and Child(ren) over the age of 2. Use this form to appoint a guardian ad litem for a minor or incapacitated respondent or for a minor child over the age of two who is a party to the proceeding. To appoint a guardian ad litem for the child(ren) who will investigate and report to the court, use form WPF PS 10B.0850. A motion for order appointing a guardian ad litem for [ ] respondent [ ] minor child over the age of two who is a party to the proceeding has been filed. It appears that good cause exists to appoint a guardian ad litem for certain limited purposes, therefore, It is Ordered:

Order Appointing Guardian ad Litem for a Minor Party or Incapacitated Respondent (ORAPGL)

1.

Appointment of Guardian ad Litem

That (name)______________________________ is appointed guardian ad litem for the: [ ] respondent, (name) ____________________________________ , as required by RCW 4.08.050 regarding infants or by RCW 4.08.060 regarding incapacitated persons. child over the age of 2 who is a party in the proceeding (name) ___________ ___________________________________________, as required by RCW 26.26.510. child over the age of 2 who is a party in the proceeding (name) ___________ ___________________________________________, as required by RCW 26.26.510.

[ ] [ ]

Ord Appointing Guardian ad Litem (ORAPGL) - Page 1 of 3 WPF PS 10A.0850 (07/2011) - RCW 26.26, 4.08.050, .060

2.

Termination of Appointment
[] [] [] This appointment shall terminate upon entry of an order determining parentage if it includes a court approved residential plan or provision therefore. This appointment shall terminate upon entry of an order determining parentage. Other:

3.

Other Provisions
The undersigned guardian ad litem agrees to this appointment, understands the nature of this action and accepts the following responsibilities: (a) (b) (c) To protect the legal interests of the minor throughout the course of this action; and To explain to the minor the substance of the petition, all documents and correspondence regarding this parentage action; and To comply with all court orders and to attend all meetings and court hearings that are scheduled in this action with the minor.

4.

Payment of Fees and Costs

The guardian ad litem fee is $____________ per hour up to $___________, the maximum the guardian ad litem may charge without additional court review and approval. The fees and costs of the guardian ad litem shall be paid as follows: [] [] ____ % by ___________________________, ______% by ____________________, ____ % by ________________________________ Other:

The total amount awarded shall be at the discretion of the court up to the maximum amount allowed after the guardian ad litem files an itemized statement of time with the court, along with a specific request for fees and a proposed Order. Guardians ad litem who are not volunteers shall provide the parties with an itemized account of their time and billing for services each month.

Ord Appointing Guardian ad Litem (ORAPGL) - Page 2 of 3 WPF PS 10A.0850 (07/2011) - RCW 26.26, 4.08.050, .060

5.

Other

Dated:

Judge/Commissioner
Approved as to form: Notice of presentation waived:

Presented by:

Signature of Party or Lawyer/WSBA No.

Signature of Guardian ad Litem or Lawyer/WSBA No.

Print or Type Name

Signature of Respondent or Lawyer/WSBA No.

Ord Appointing Guardian ad Litem (ORAPGL) - Page 3 of 3 WPF PS 10A.0850 (07/2011) - RCW 26.26, 4.08.050, .060

Superior Court of Washington County of

In re Parentage:

No.
Petitioner, and Respondent, and Respondent, and Child(ren) over the age of 2. Use this form to appoint a guardian ad litem for the child(ren). To appoint a guardian ad litem for a minor or incapacitated respondent, use form WPF PS 10A.0850.

Order Appointing Guardian ad Litem on Behalf of Minor (ORAPGL)

I. Basis 1.1 Basis for the Appointment

This appointment is being made pursuant to RCW 26.26 Parentage Act.

1.2

Children to Whom the Order Applies

[ ] (Name of party) _____________________________ [ ] the court moved for appointment of a guardian ad litem for the following minor child(ren) in this action: Name Age

II. Findings
Ord Appointing GAL (ORAPGL) - Page 1 of 4 WPF PS 10B.0850 (07/2011) - RCW 26.26.555

After reviewing the case record to date and the basis for the motion, the court finds that the motion should be granted because appointment of a guardian ad litem is in the best interest of the child(ren).

III. Order
It is Ordered:

3.1

Appointment of Guardian ad Litem

(Name) _________________________________________________ is appointed as guardian ad litem for the above-named minor child(ren) of the parties and shall receive copies of all pleadings and notice of all court proceedings regarding the child(ren).

3.2

Duties of the Guardian ad Litem

The guardian ad litem shall investigate and report factual information regarding the issues ordered to be reported or investigated to the court. The guardian ad litem shall always represent the child(ren)s best interests. The guardian ad litem may make recommendations based upon his or her investigation. The guardian ad litem shall report a child(ren)s expressed preferences regarding the parenting plan to the court, together with the facts relative to whether any preferences are being expressed voluntarily and the degree of the child(ren)s understanding. The guardian ad litem shall make a full and complete written report to the court and counsel/parties on or before (date) __________________ and at least 60 days before trial provided that an extension may be granted by the court. This report shall include recommendations and bases for those recommendations. Issues ordered to investigate and report: [ ] all issues relating to development of a parenting plan [ ] substance abuse of (Name____________________________ [ ] domestic violence of (Name) ___________________________ [ ] mental health issues of (Name) ___________________________ [ ] physical health issues of (Name) ___________________________ [ ] sexual abuse allegations of (Name) ___________________________ [ ] criminal history of (Name) ___________________________ [ ] abandonment or neglect by (Name) ___________________________ [ ] integration into the non-primary parents home [ ] other:

[ ] The guardian ad litem shall also report to the court on any other issues discovered that could affect the safety of the child(ren).

3.3

Other Duties
Other duties of the guardian ad litem include appearing at all court hearings and pretrial conferences within the scope of appointment unless excused by the court and assisting the parties and counsel in reaching a resolution of the matters involving said child(ren).

3.4

Guardian ad Litem Access to Child(ren), Records and Information

Ord Appointing GAL (ORAPGL) - Page 2 of 4 WPF PS 10B.0850 (07/2011) - RCW 26.26.555

To facilitate reasonable investigation of information pertaining to the best interest of the child(ren), the guardian ad litem shall have access to the child(ren) and to all records and information, including authorization to speak with interested persons, from the following sources: law enforcement agencies; Child Protective Services (or the equivalent out-of-state agency); health care providers; mental health care providers; child care providers; the Department of Social and Health Services (or the equivalent agency in another state); and educational institutions. These agencies may withhold or blackout portions of requested information as warranted by law or by court order. The guardian ad litem shall maintain the confidentiality of information except as necessary to fulfill his or her duties as guardian ad litem. Within the scope of appointment, the guardian ad litem shall have access to all Superior Court and Juvenile Court files, including any sealed/confidential portions thereof, other than records sealed pursuant to RCW 13.50.050(7). All information obtained from sealed or confidential files shall remain sealed or confidential, and the guardian ad litem shall inform the court if the guardian ad litem report contains sealed or confidential information. The court clerk shall provide certified copies of this order to the guardian ad litem upon request and without charge. Upon good cause shown, the guardian ad litem or the parties may move that the court make confidential any reports or documents placed in the court file by the guardian ad litem.

3.5

Payment of Fees and Costs

The guardian ad litem fee is $___________ per hour up to $_____________, the maximum the guardian ad litem may charge without additional court review and approval. The fees and costs of the guardian ad litem shall be paid as follows: [] ______ % by _______________________________________, ______ % by _______________________________________, ______ % by _______________________________________. Other:

[]

If the guardian ad litem has been appointed at public expense, the court may assess this cost against the parties if there is a change in financial circumstances. The total amount awarded shall be at the discretion of the court up to the maximum amount allowed after the guardian ad litem files an itemized statement of time with the court, along with a specific request for fees and a proposed Order. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month.

3.6

Consent of Children Over Twelve to Investigation

[] [] Does not apply. ________________________________________________________________ has/have reached the age of twelve. Written consent for the guardian ad litem to consult with and obtain information from medical, psychiatric, or other experts who have served the child(ren) in the past[ ] has [ ] has not been given by the child.

3.7

Authorization for Release of Information

Ord Appointing GAL (ORAPGL) - Page 3 of 4 WPF PS 10B.0850 (07/2011) - RCW 26.26.555

[] []

Does not apply. Each partys signature hereunder constitutes an authorization for release of information by that party to the agencies listed in paragraph 3.4, above.

3.8

Termination of Appointment
The appointment terminates: [] [] Upon entry of the final parenting plan or residential schedule. Other:

3.9

Other

Dated:

Judge/Commissioner
Presented by: Approved for entry: Notice of presentation waived:

Signature of Party or Lawyer/WSBA No.

Signature of Party or Lawyer/WSBA No.

Print or Type Name

Print or Type Name Accepted upon approval by the court

Guardian ad Litem Signatures of the Parties: Petitioners Signature Childs Signature

(See Paragraph 3.6)

Respondents Signature Childs Signature

(See Paragraph 3.6)

Ord Appointing GAL (ORAPGL) - Page 4 of 4 WPF PS 10B.0850 (07/2011) - RCW 26.26.555

Superior Court of Washington County of

In re the Custody of:

No.
Child(ren),

Petitioner(s), and

Order Appointing Guardian ad Litem on Behalf of Minor (ORAPGL)

Respondent(s).

I. Basis 1.1 Basis for Appointment

This appointment is being made pursuant to RCW 26.10.

1.2

Children to Whom the Order Applies

[ ] (Name) ________________________________ [ ] petitioner [ ] respondent [ ] the court moved for appointment of a guardian ad litem for the following minor child(ren) in this action: Name Age

II. Findings
After reviewing the case record to date and the basis for the motion, the court Finds that the motion should be granted because appointment of a guardian ad litem is in the best interest of the child(ren).

III. Order
Order Appointing GAL (ORAPGL) - Page 1 of 4 WPF CU 04.0200 (7/2009) - RCW 26.10.130, 26.12.175

It is Ordered:

3.1

Appointment of Guardian ad Litem

___________________________________________ is appointed as guardian ad litem for the above-named minor child(ren) of the parties and shall receive copies of all pleadings and notice of all court proceedings regarding the child(ren).

3.2

Duties of the Guardian ad Litem

The guardian ad litem shall investigate and report factual information regarding the issues ordered to be reported or investigated to the court. The guardian ad litem shall always represent the child(ren)s best interests. The guardian ad litem may make recommendations based upon his or her investigation. The guardian ad litem shall report the child(ren)s expressed preferences regarding the parenting plan to the court, together with the facts relative to whether any preferences are being expressed voluntarily and the degree of the child(ren)s understanding. The guardian ad litem shall make a full and complete written report to the court and counsel/parties on or before (date) __________________ and at least 60 days before trial provided that an extension may be granted by the court. This report shall include recommendations and bases for those recommendations. Issues ordered to investigate and report: [ ] all issues relating to development of a parenting plan [ ] substance abuse of [ ] mother [ ] father [ ] other ____________________ [ ] domestic violence of [ ] mother [ ] father [ ] other ____________________ [ ] mental health issues of [ ] mother [ ] father [ ] other ____________________ [ ] physical health issues of [ ] mother [ ] father [ ] other ____________________ [ ] sexual abuse allegations of [ ] mother [ ] father [ ] other ____________________ [ ] criminal history of [ ] mother [ ] father [ ] other ____________________ [ ] abandonment or neglect by [ ] mother [ ] father [ ] integration into the non-primary parents home [ ] Other:

[ ] The guardian ad litem shall also report to the court on any other issues discovered that could affect the safety of the child(ren).

3.3

Other Duties
Other duties of the guardian ad litem include appearing at all court hearings and pretrial conferences within the scope of appointment unless excused by the court and assisting the parties and counsel in reaching a resolution of the matters involving said children.

Order Appointing GAL (ORAPGL) - Page 2 of 4 WPF CU 04.0200 (7/2009) - RCW 26.10.130, 26.12.175

3.4

Guardian ad Litem Access to Children, Records and Information

To facilitate reasonable investigation of information pertaining to the best interest of the child(ren), the guardian ad litem shall have access to the children and to all records and information, including authorization to speak with interested persons, from the following sources: law enforcement agencies; Child Protective Services (or the equivalent out-of-state agency); health care providers; mental health care providers; child care providers; the Department of Social and Health Services (or the equivalent agency in another state); and educational institutions. These agencies may withhold or blackout portions of requested information as warranted by law or by court order. The guardian ad litem shall maintain the confidentiality of information except as necessary to fulfill his or her duties as guardian ad litem. Within the scope of appointment, the guardian ad litem shall have access to all Superior Court and Juvenile Court files, including any sealed/confidential portions thereof, other than records sealed pursuant to RCW 13.50.050(7). All information obtained from sealed or confidential files shall remain sealed or confidential, and the guardian ad litem shall inform the court if the guardian ad litem report contains sealed or confidential information. The court clerk shall provide certified copies of this order to the guardian ad litem upon request and without charge. Upon good cause shown, the guardian ad litem or the parties may move that the court make confidential any reports or documents placed in the court file by the guardian ad litem.

3.5

Payment of Fees and Costs

The guardian ad litem fee is $________ per hour up to $________, the maximum the guardian ad litem may charge without additional court review and approval. The fees and costs of the guardian ad litem shall be paid as follows: [ ] ______ % by father, ______ % by mother, _______% by other [] Other: .

If the guardian ad litem has been appointed at public expense, the court may assess this cost against the parties if there is a change in financial circumstances. The total amount awarded shall be at the discretion of the court up to the maximum amount allowed after the guardian ad litem files an itemized statement of time with the court, along with a specific request for fees and a proposed Order. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month.

3.6

Consent of Children Over Twelve to Investigation

[] [] Does not apply. _________________________________________________________ has/have reached the age of twelve. Written consent for the guardian ad litem to consult with and obtain information from medical, psychiatric, or other experts who have served the child(ren) in the past [ ] has [ ] has not been given by the child.

Order Appointing GAL (ORAPGL) - Page 3 of 4 WPF CU 04.0200 (7/2009) - RCW 26.10.130, 26.12.175

3.7

Authorization for Release of Information

[] [] Does not apply. Each partys signature hereunder constitutes an authorization for release of information by that party to the agencies listed in paragraph 3.4, above.

3.8

Termination of Appointment
The appointment terminates: [] [] Upon entry of the final decree or residential schedule. Other:

3.9

Other

Dated:

Judge/Commissioner
Presented by: Approved for entry: Notice of presentation waived:

Signature of Party or Lawyer/WSBA No.

Signature of Party or Lawyer WSBA No.

Print or Type Name

Print or Type Name Accepted upon approval by the court

Guardian Ad Litem Signatures of the Parties: Mothers Signature Childs Signature

(See Paragraph 3.6)

Fathers Signature Childs Signature

(See Paragraph 3.6)

Order Appointing GAL (ORAPGL) - Page 4 of 4 WPF CU 04.0200 (7/2009) - RCW 26.10.130, 26.12.175