{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-107.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-107.3","heading":"Appointment of guardian ad litem - Referral to mediation","body":"or counseling - Definitions - False accusations of child abuse or\n\nneglect.\n\nA. 1. In any proceeding when the custody or visitation of a\n\nminor child or children is contested by any party, the court may\n\nappoint an attorney at law as guardian ad litem upon motion of the\n\ncourt or upon application of any party to appear for and represent\n\nthe minor children.\n\n2. The guardian ad litem may be appointed to objectively\n\nadvocate on behalf of the child and act as an officer of the court\n\nto investigate all matters concerning the best interests of the\n\nchild. In addition to other duties required by the court and as\n\nspecified by the court, a guardian ad litem shall have the following\n\nresponsibilities:\n\na. review documents, reports, records and other\n\ninformation relevant to the case, meet with and\n\nobserve the child in appropriate settings, and\n\ninterview parents, caregivers and health care\n\nproviders and any other person with knowledge relevant\n\nto the case including, but not limited to, teachers,\n\ncounselors and child care providers,\n\nb. advocate for the best interests of the child by\n\nparticipating in the case, attending any hearings in\n\nthe matter and advocating for appropriate services for\n\nthe child when necessary,\n\nc. monitor the best interests of the child throughout any\n\njudicial proceeding,\n\nd. present written factual reports to the parties and\n\ncourt prior to trial or at any other time as specified\n\nby the court on the best interests of the child, which\n\ndetermination is solely the decision of the court, and\n\ne. the guardian ad litem shall, as much as possible,\n\nmaintain confidentiality of information related to the\n\ncase and is not subject to discovery pursuant to the\n\nOklahoma Discovery Code.\n\n3. Expenses, costs, and attorney fees for the guardian ad litem\n\nmay be allocated among the parties as determined by the court.\n\n4. The Oklahoma Bar Association shall develop a standard\n\noperating manual for guardians ad litem which shall include, but not\n\nbe limited to, legal obligations and responsibilities, information\n\nconcerning child abuse, child development, domestic abuse, sexual\n\nabuse, and parent and child behavioral health and management\n\nincluding best practices. After publication of the manual, all\n\nguardians ad litem shall certify to the court in which he or she is\n\nappointed as a guardian ad litem that the manual has been read and\n\nall provisions contained therein are understood. The guardian ad\n\nlitem shall also certify that he or she agrees to follow the best\n\npractices described within the standard operating manual. The\n\nAdministrative Office of the Courts shall provide public access to\n\nthe standard operating manual by providing a link to the manual on\n\nthe Oklahoma State Courts Network (OSCN) website.\n\nB. When property, separate maintenance, or custody is at issue,\n\nthe court:\n\n1. May refer the issue or issues to mediation if feasible\n\nunless a party asserts or it appears to the court that domestic\n\nviolence or child abuse has occurred, in which event the court shall\n\nhalt or suspend professional mediation unless the court specifically\n\nfinds that:\n\na. the following three conditions are satisfied:\n\n(1) the professional mediator has substantial\n\ntraining concerning the effects of domestic\n\nviolence or child abuse on victims,\n\n(2) a party who is or alleges to be the victim of\n\ndomestic violence is capable of negotiating with\n\nthe other party in mediation, either alone or\n\nwith assistance, without suffering an imbalance\n\nof power as a result of the alleged domestic\n\nviolence, and\nre satisfied:\n\n(1) the professional mediator has substantial\n\ntraining concerning the effects of domestic\n\nviolence or child abuse on victims,\n\n(2) a party who is or alleges to be the victim of\n\ndomestic violence is capable of negotiating with\n\nthe other party in mediation, either alone or\n\nwith assistance, without suffering an imbalance\n\nof power as a result of the alleged domestic\n\nviolence, and\n\n(3) the mediation process contains appropriate\n\nprovisions and conditions to protect against an\n\nimbalance of power between parties resulting from\n\nthe alleged domestic violence or child abuse, or\n\nb. in the case of domestic violence involving parents,\n\nthe parent who is or alleges to be the victim requests\n\nmediation and the mediator is informed of the alleged\n\ndomestic violence; and\n\n2. When custody is at issue, the court may order, in addition\n\nto or in lieu of the provisions of paragraph 1 of this subsection,\n\nthat each of the parties undergo individual counseling in a manner\n\nthat the court deems appropriate, if the court finds that the\n\nparties can afford the counseling.\n\nC. As used in this section:\n\n1. \"Child abuse or neglect\" shall have the same meaning as\n\n\"abuse\" or \"neglect\" as defined by Section 1-1-105 of Title 10A of\n\nthe Oklahoma Statutes or shall mean the child has been adjudicated\n\ndeprived as a result of the actions or omission of either parent\n\npursuant to the Oklahoma Children's Code; and\n\n2. \"Domestic violence\" shall have the same meaning as such term\n\nis defined by the Protection from Domestic Abuse Act.\n\nD. During any proceeding concerning child custody, should it be\n\ndetermined by the court that a party has intentionally made a false\n\nor frivolous accusation to the court of child abuse or neglect\n\nagainst the other party, the court shall proceed with any or all of\n\nthe following:\n\n1. Find the accusing party in contempt for perjury and refer\n\nfor prosecution;\n\n2. Consider the false allegations in determining custody; and\n\n3. Award the obligation to pay all court costs and legal\n\nexpenses encumbered by both parties arising from the allegations to\n\nthe accusing party.","path":["OK Code","Title 43"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1791e6f252470c554c221e46c9ddfa7dbe89a5f95fcc0da593f7e7d8dc2bcb48","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-107.2","next":"us-ok/okla.-stat.-tit.-43-43-107.4"},"notice":"GroundRules: Original legal text. Not legal advice."}