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Scheduing Order (With Children) - New Mexico

Scheduing Order (With Children) Form. This is a New Mexico form and can be used in Divorce 1st Judicial District Local District Court .
 Fillable pdf Last Modified 1/13/2014
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STATE OF NEW MEXICO COUNTY OF FIRST JUDICIAL DISTRICT COURT Petitioner, vs. D- -DM- Respondent. SCHEDULING ORDER (contested divorce, with minor children) A Petition for Dissolution of Marriage has been filed in this case, and one or both parties are not represented by an attorney. The parties are the parents of minor child(ren). A Parenting Plan has not been filed regarding care and custody of the parties' child(ren). A Marital Settlement Agreement has not been filed identifying and dividing the parties' property and debts. It is therefore ORDERED by the Court that: 1. FREE INFORMATION SESSIONS. a. The parties who are not represented by an attorney shall attend a free Self , 201__ or Represented Family Law Clinic on Saturday, , 201__ at the Santa Fe Community College at 9:00 a.m. b. Both parties shall attend a free information session regarding interim income and expense allocation and child support on Thursday, ________________________, 20__, from 2:00 p.m. to 3:00 p.m. in the Large Courtroom on the second floor of the Judge Steven Herrera Judicial Complex, corner of Grant and Catron, Santa Fe, New Mexico. American LegalNet, Inc. www.FormsWorkFlow.com c. Both parties shall attend an information session regarding children and separation/ divorce, presented by Family Court Services on Thursday_____________________, 20__, from 3:00 p.m. to 5:00 p.m. in the Large Courtroom on the second floor of the Judge Steven Herrera Judicial Complex, corner of Grant and Catron, Santa Fe, New Mexico. A fee may be charged for the information session. 2. Attendance at these sessions is NOT optional. Arrive promptly and attend the entire session. DO NOT BRING CHILDREN TO ANY OF THESE SESSIONS. 3. INTERIM INCOME ALLOCATION HEARING. A hearing to identify and divide the parties' income and expenses during the time between the date the Petition for Dissolution of Marriage is filed and the time the Final Decree of Dissolution of Marriage is entered will be set by separate Order. 4. CHILD CUSTODY AND TIMESHARING. The child custody and timesharing issues in this matter are referred to Family Court Services for the purpose of developing a Parenting Plan or conducting a consultation to obtain a court order resolving the custody and timesharing issues. a. Family Court Services offers Mediation, Priority Consultation, and Advisory Consultation by Court Clinicians on a sliding fee scale approved by the Court. The parties shall pay for the services prior to each session. Only cash, cashier's check, or money order are acceptable payment. b. The Mediator shall encourage and assist the parties to resolve the contested child custody and timesharing matters in a way that is mutually satisfactory to the parties and in accordance with the best interests of the child or children. c. If a Parenting Plan cannot be developed through mediation, the case will proceed for a Priority Consultation and/or an Advisory Consultation by a Court Clinician acting as a Consultant. The Consultant shall not be the same Court Clinician who acted as Mediator in the case. Psychological evaluations and/or alcohol/drug assessments may be included as requested by the Consultant or ordered by the Court. American LegalNet, Inc. www.FormsWorkFlow.com d. If a Priority and/or an Advisory Consultation is necessary, the parties shall make themselves available for consultation with the Consultant, and shall participate and cooperate fully with the program. They shall also make their children available if so requested. e. In the case of a Priority Consultation, the Consultant shall make recommendations to the court. Objections to the recommendations may be filed by either party. If objections are filed, the Court may schedule a hearing, either on its own motion or on the request of either party. f. In the case of an Advisory Consultation, the Consultant shall provide a report and recommendations to the parties. Objections to the report may be filed by either party. If objections are filed, the Court may schedule a hearing, either on its own motion or on the request of either party. In the event of a hearing, the report shall be made available to the Court. g. Parties shall not disclose or show the contents of the Advisory Consultation Report to any other persons without the permission of both parties or permission of the Court. Nothing in this provision shall prevent the disclosure of the report to the parties' own experts, consultants, counselors or therapists where applicable. 5. CHILD SUPPORT HEARING. A hearing to establish child support will be set by separate Order. If the parties are able to agree on child support on their own, they shall file the appropriate Child Support Worksheet and notify the Child Support Hearing Office that the hearing should be vacated. 6. PROPERTY AND DEBT IDENTIFICATION AND DIVISION. a. The parties may complete and file a Request for Referral to Settlement Conference if they need help reaching an agreement dividing their property and debts. More information, and the necessary forms, are available at the Court's Self Help Center and on the Court's website, www.firstdistrictcourt.com, Court Programs, Alternative Dispute Resolution. b. If the parties have not filed a Marital Settlement Agreement within 90 days of the date of the above-referenced Clinic, the Court shall issue, on its own Motion, an order referring the parties to settlement conference. c. Settlement conferences are conducted by qualified settlement facilitators who are paid $500 by the parties for a settlement conference of up to 4 hours. A party who feels American LegalNet, Inc. www.FormsWorkFlow.com he or she cannot afford his or her share of the fee may file a Motion for Free or Reduced-Fee Settlement Facilitation. If the Motion is granted, that party will pay a reduced share of the total fee. Motions for Free or Reduced-Fee Settlement Facilitation are available at the Court's Self Help Center and on the Court's website, www.firstdistrictcourt.com, Court Programs, Alternative Dispute Resolution. 7. CONFIDENTIALITY a. OF MEDIATION AND SETTLEMENT CONFERENCES. Mediation proceedings and settlement conferences shall be held in private and shall be confidential. All communications, verbal or written, from the parties to the Mediator or Settlement Facilitator made pursuant to the Order, shall be inadmissible in any Court hearing. b. Except as provided in Paragraphs 12 and 13 above, no report of the content of mediation sessions or settlement conferences sha
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