3. The Guardian Ad Litem’s contact information is:
Dr. Kelly Painter
Psychology of South Florida
1725 Main Street, Suite 223
Weston, FL 33326
Tel: (954) 477-7489; Email: [email protected]
4. The parties agree that The GAL’s experience as a Guardian Ad Litem, her reputation in the community and her expertise as a Licensed Psychologist make this GAL uniquely qualified to serve as a guardian in this case.
5. The parties shall advance the fees of the GAL with the Mother being responsible for 50% and the Father being responsible for 50%, without prejudice to either party to seek a reallocation by the Court at final hearing. The GAL’s initial retainer is $3,000.00, each party to pay their share directly to the Guardian ad Litem within 5 days of the date of this order; The GAL’s reasonable and necessary hourly rate is $300.00 per hour. The rate is reasonable given the reputation and experience of the GAL in the community and in light of the GAL’s agreement to take this matter at a reduced hourly rate from her
standard GAL fee.
6. The Guardian Ad Litem shall keep time records of hours expended on this case. After the retainer amount of $3,000.00 is applied to work performed, any Guardian Ad Litem fees and costs remaining shall be paid, in full, within 15 days of the bill being presented to the parties, unless there is a written agreement with the GAL to the contrary.
7. The parties to this action are jointly and severally liable for the GAL’s fees. The GAL fees and costs are in the nature of child support.
8. The GAL shall be a party to any judicial proceedings involving child issues from the date of this Order until the date of discharge and she shall have all of the powers, privileges, responsibilities and protections authorized in section 61.403 of the Florida Statutes and as provided in this Order to the extent necessary to advance the best interests of the
minor child.
9. The GAL must be provided with copies of all pleadings, notices, stipulations and other documents relevant to the child’s issues filed in this action and is entitled to reasonable notice before any action affecting the child is taken by the parties, their counsel or the Court. The GAL is entitled to be present at all depositions, hearings or other proceedings concerning the child including mediation. If a party provides the GAL with any document that is not relevant to the child’s issues the party waives any objection to the GAL’s billing for review of that document.
10. The GAL may investigate the allegations of the pleadings and motions affecting the minor child, and after proper notice may interview the minor child/children, witnesses or any other person having information concerning the welfare of the minor child/children.
11. The parties or any other person entrusted by the parties with the care of the minor child shall allow the GAL access to the minor child at reasonable times and locations and no person shall obstruct the GAL from the minor child.
12. Within 15 days of the date of the entry of this Order, the parties shall provide the GAL with the full names, physical mailing addresses, telephone numbers, email address of the respective collateral contacts/witnesses that each parent wants the GAL to interview. The list shall include a brief description of the subject of that person’s
relationship with the examinees (ex: minor child’s pediatrician/teacher) as well as the issues the witness can speak to. This shall be completed with the GAL questionnaire provided by GAL’s office.
13. The parties shall execute releases for the child’s doctors and other providers, school personnel within 5 days of the request by the GAL.
14. Upon presentation of a copy of this Order to any agency or organization, including but not limited to schools, hospitals, clerk of any court of this state, Department of Children and Families, human services agencies and/or child caring agencies, medical and mental
health professional, including but not limited to, doctors, nurses, pediatricians, psychologists, psychiatrists, therapist, coaches, counselors and staff, and law enforcement agencies, the GAL is hereby designated, and is authorized to inspect and copy any records relating to the above named child without consent of the child, the child’s parents or care givers. Said agency or Organization shall not interfere with the GAL’s access to the minor children or their records. Said agency or Organization shall likewise respond to any request by the GAL for a conference relating to the above-
named child, and the agency and Organization shall cooperate with making representatives available to the GAL. This Court further directs any agency or organization presented with this Order to comply with its terms.
15. In the event that information’s and/or witnesses are needed from the School Board, in the county where the child resides or has resided, then pursuant to Florida Statute section 61.403, upon presentation of a copy of this Order to the School Board, that body is hereby directed and ordered to provide the designated GAL with reasonable access to
interview any school related witnesses having information concerning the welfare of the child and to inspect and copy any and all school records relating to the minor child for
whom the GAL is appointed.
16. The GAL shall maintain any information received from any source described in Florida Statutes section 61.403 as confidential and shall not disclose such information except in reports to the Court served upon both parties to this cause and their counsel or as directed by the court.
17. The GAL may, from time to time, be allowed to request a status conference with the Court, without the necessity of filing pleadings, but may request by letter to the Court directly from the GAL, without the necessity of counsel, with notice to counsel and the
parties.
18. The GAL may raise issues regarding her fees without having to hire counsel by filing a motion with the Court and providing notice to the parties.
19. The GAL shall submit written recommendations to the Court, whether incidental, temporary or permanent, which affect the interest or welfare of the minor child. The Guardian Ad Litem may file interim reports as deemed necessary to advance the best interest of the minor child. The filing of an interim shall not trigger the GAL’s discharge.
20. The GAL shall file a written report with the Court, which may include recommendations and a statement of the wishes of the minor child. The GAL shall list the names and addresses of the persons interviewed whose statements have been referenced in the report. The GAL shall only list the initials of a non-party minor child and shall not
disclose any information about any non-party minor child without court order. The report shall be admitted into evidence and the parties waive hearsay objections to the Report and Recommendations. The report shall be filed as confidential filing. The report must be filed with and served on all parties at least twenty (20) days prior to the hearing at which it will be presented unless the Court waives such time period or the parties otherwise stipulate.
21. The GAL’s report shall address the outstanding pleadings and/or motions filed in this cause, relative to the minor child and to enable the GAL to make recommendations to assist the court in its adjudications of any such outstanding pleadings and motions filed
in this cause and for any additional issues before the court as follows:
XX Parental responsibility/decision making
XX Timesharing schedule, including times, locations,
XX All issues raised in the pleadings involving the minor child
XX Communication (between parties and children)
22. The GAL shall file a notice of acceptance within twenty (20) days of the date of this Order unless otherwise ordered by the Court. If no acceptance is filed within twenty days the parties shall bring the matter before the court. The GAL may decline to accept this appointment without reason.
23. As long as the GAL discloses to the parties and/or their counsel as applicable, in writing the name and telephone number of the collateral witnesses interviewed, the parties and their respective counsel agree to waive all hearsay objections regarding the GAL’s testimony and written reports relating to statements of the minor child, witnesses and
parties.
24. Unless otherwise agreed to by the parties or ordered by the Court The GAL shall be automatically discharged without further order, 30 days after the entry of a final order or judgment in these proceedings. The Court shall retain jurisdiction to enforce the payment of GAL fees and costs even if the GAL is discharged.
25. If the GAL, pursuant to statute, requires the appointment of counsel to represent them in the above referenced cause, then the GAL shall submit an ex-parte order on the appointment of counsel and counsel’s fees shall be paid by the parties under the same conditions that the GAL fees are paid pursuant to this Order.
26. The Court reserves jurisdiction of this matter to enter any further orders that may be necessary and/or required with regard to the appointment of the GAL.
