POLICY AND PROCEDURE - MEDIATION REFERRALS

APPOINTMENTS OF GUARDIANS AD LITEM

CHILD CUSTODY/PLACEMENT DISPUTES

OZAUKEE COUNTY


A. MEDIATION (forms available from FCC)

1. Requests for Mediation must be accompanied by a check to the Family Court Commissioner in the amount of $150.00, unless waived or deferred by the court. If deferred, ultimate responsibility should be determined.

2. Request shall be presented to the Family Court Commissioner in all paternity matters, and in divorce matters prejudgment; in postjudgment divorce matter, may be presented either to the Family Court Commissioner or to the Judge. If Request is granted, court prepares Order; Request and Order are distributed as follows:

a. Original to court file.

b. One copy to family court commissioner file.

c. One copy to Family Court Counseling file.

d. One copy to mediator.

e. One copy to each party and attorney (transmittal letter to parties from Family Court Counseling, with a copy of the letter filed in court and family court commissioner files).

3. If Request for Mediation is filed within one year of a prior mediation, Family Court Commissioner or Judge may deny request. If no prior mediation, or mediation more than one year previous, mediation shall be ordered unless a court orders otherwise.

4. No Guardian ad Litem will be appointed unless mediation has been ordered and terminated, absent unusual circumstances.

B. GUARDIAN AD LITEM (forms available from FCC)

1. Request or Petition for appointment of Guardian ad Litem must be accompanied by check for $1,000.00 payable to Clerk of Court, unless waived or deferred by the court. $1,000.00 represents deposit only; additional monthly deposits may be required.

2. Party requesting appointment shall prepare original and four copies of Request or Petition, and direct to Family Court Commissioner in all paternity matters, and in divorce matters prejudgment; in postjudgment divorce matters, shall be directed to the Judge. If appointment is made, original shall be filed in the court file, with a copy to: family court commissioner's file; Guardian ad litem; and each party (or attorney, if have one).

3. All Orders approving Guardian ad Litem fees shall include a determination of responsibility for payment. If County is ordered to pay any portion, must be a finding of inability to pay, and County should be given right to seek reimbursement from party/ies determined unable to pay.