Rule 1.14 – Guardians ad Litem

May 14, 2021 | Family Law, New Hampshire

A. Certification by the New Hampshire Guardian ad Litem Board (referred to in this rule as the “Board”) in superior, district and probate courts is encouraged to ensure adequate numbers of guardians ad litem who are qualified to serve in all categories of family division cases.
B. At a minimum, persons serving as guardians ad litem in the family division must be Board certified as follows:

(1) For appointment in family division cases of divorce, legal separation, parental rights and responsibilities, guardians ad litem must be Board-certified in the superior court.
(2) For appointment in family division cases of juvenile delinquency, children in need of services, and abuse and neglect, guardians ad litem must be Board certified in the district court.
(3) For appointment in family division cases of termination of parental rights, guardianship of minors, or adoption, guardians ad litem must be Board-certified in the probate court.
(4) For appointment in family division cases of domestic violence, guardians ad litem must be Board-certified in either superior or district court.
C. Untimely-filed Guardian ad Litem Reports.

(1) A guardian ad litem who, without good cause, fails to file a report required by any Court or statute by the date the report is due may be subject to a fine of not less than $100 and not more than the amount of costs and attorneys fees incurred by the parties to the action for the day of the hearing. The guardian ad litem shall not be subject to the fine under this rule if, at least ten (10) days prior to the date the report is due, the GAL files a motion requesting an extension of time to file the report. SeeRSA 490:26-g.
(2) The Clerk shall report to the Guardian ad Litem Board all guardians ad litem who fail to file a report by the date the report is due. However, the report shall clearly indicate all such guardians for whom the court has found good cause for the late filing. The Clerk shall make such report available to the public.

N.H. R. Cir. Ct. Fam. Div. 1.14