Florida Supreme Court Approved Family Law Form 12.942(b), Order Appointing Guardian ad Litem (03/15)
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,
IN AND FOR COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner,
and
,
Respondent.
ORDER APPOINTING GUARDIAN AD LITEM
Upon _____ Petitioners _____ Respondents motion or the _____ Court’s own motion to appoint a
guardian ad litem for the minor child(ren) herein and the Court finding that:
a. _____ verified allegations of child abuse or neglect as defined in sections 39.01(2) or (45),
Florida Statutes, have been made and are determined to be well-founded,
OR
b. _____ it is otherwise in the best interests of the child(ren) that a guardian ad litem be appointed
to advance the best interests of the minor child(ren) because:
,
It is thereupon ORDERED as follows:
1. A guardian ad litem shall be appointed for the minor child(ren), {name(s)}
,
now residing at {street address} .
2. The State of Florida Guardian ad Litem Program for the ____ Judicial Circuit shall assign a
certified guardian ad litem for the minor child(ren). Upon filing of the Notice of Acceptance, the
guardian ad litem can be served c/o Guardian ad Litem Program, {address} _______________
____________________________________________________________________________.
Pursuant to the State of Florida Guardian ad Litem Standards of Operation adopted by the
Supreme Court of Florida, if the Guardian ad Litem Program is appointed in the absence of a well
founded allegation of abuse or neglect, an automatic discharge by the Court will occur upon
filing of a Motion to Discharge by the Program if the Program does not have sufficient volunteer
and/or supervisory resources available to accommodate this appointment.
OR
{Name} , an attorney in good standing with The
Florida Bar, is appointed to serve as a private guardian ad litem for the above minor child(ren).
The fees of the private guardian shall be paid by:
Florida Supreme Court Approved Family Law Form 12.942(b), Order Appointing Guardian ad Litem (03/15)
_____ Petitioner _____ Respondent _____ each party equally _____ other, {specify}
.
3. The guardian ad litem is a party to any judicial proceeding from the date of this order until the
date of discharge and shall have all of the powers, privileges, and responsibilities authorized in
section 61.403, Florida Statutes, to the extent necessary to advance the best interests of the minor
child(ren).
4. The guardian ad litem must be provided with copies of all pleadings, notices, stipulations, and
other documents filed in this action and is entitled to reasonable notice before any action
affecting the child(ren) is taken by either of the parties, their counsel, or the Court. The
guardian ad litem is entitled, through counsel, to be present at any depositions, hearings, or
other proceedings concerning the minor child(ren).
5. The guardian ad litem may investigate the allegations of the pleadings affecting the minor
child(ren), and after proper notice may interview witnesses or any other person having
information concerning the welfare of the minor child(ren).
6. The guardian ad litem shall maintain any information received from any source described in
section 61.403(2), Florida Statutes, 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.
7. The parties, or any other person entrusted by the parties with the care of the minor child(ren)
shall allow the guardian ad litem access to the minor child(ren) at reasonable times and
locations and no person shall obstruct the guardian ad litem from the minor child(ren).
8. The guardian ad litem shall submit his or her recommendations to the Court regarding any
stipulation or agreement, whether incidental, temporary, or permanent, which affects the
interest or welfare of the minor child(ren), within 10 days after the date the stipulation or
agreement is served upon the guardian ad litem.
9. The guardian ad litem shall file a written report with the Court, which may include
recommendations and a statement of the wishes of the minor child(ren). The report must be
filed and served on all parties at least 20 days prior to the hearing at which it will be presented
unless the Court waives such time period. The guardian ad litem’s report shall address the
following areas, subject to any conditions ordered by this Court:
a. ____ parental responsibility of child(ren);
b. ____ residence of child(ren);
c. ____ time-sharing including times and locations;
d. ____ appearance of child(ren) at depositions/hearings;
e. ____ relocation;
f. ____ best interests of child(ren) regarding scientific tests; and/or
g. ____ other _________________________________________________________
This appointment is subject to the following conditions:
Florida Supreme Court Approved Family Law Form 12.942(b), Order Appointing Guardian ad Litem (03/15)
10. The guardian ad litem is automatically discharged without further order 30 days after the entry
of a final order or judgment in this proceeding, unless otherwise ordered by the Court.
DONE AND ORDERED at __________________________, Florida, on ______.
CIRCUIT JUDGE
I certify that a copy of the {name of document(s)} ___________________________________________
was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) hand-delivered to the parties and any other
person(s) or entities listed below on {date}________________.
_______________________________________
By: Clerk of Court, Designee, or Judicial Assistant
Petitioner (or his or her attorney)
Respondent (or his or her attorney)
__ Guardian ad Litem Program
__ Other: