N.M. 12th Jud. Dist. LR12-402 – Safe Exchange Safe Visitation

LR12-402. Safe exchange and supervised visitation program.

[Related Statutes and Statewide Rules: NMSA 1978, §§40-12-1 to -6; Rule 1-125 NMRA]

A. Establishment of program. The Twelfth Judicial District Court has established a safe

exchange and supervised visitation program by local court rule approved by the Supreme

Court. The safe exchange and supervised visitation program shall be used when, in the opinion of

the court, the best interests of the child are served if confrontation or contact between the parents

is to be avoided during exchanges of custody or if contact between a parent and a child should be

supervised. In the safe exchange and supervised visitation program, the district court may employ

or contract with a person or agency

(1) with whom a child may be left by one parent for a short period while waiting to be

picked up by the other parent; or

(2) to supervise visits among one or both parents and the child.

B. Determination of services. The safe exchange and supervised visitation program may be

utilized by determination of the court when services provided through the program are deemed by

the court to be in the child’s best interests.

C. Responsibility of parties regarding fees of the program. Parents shall pay the cost of

the safe exchange and supervised visitation program based on each parent’s gross income, reported

for purposes of the child support worksheet if available, under a sliding fee scale approved by the

Supreme Court. The sliding fee scale shall be based on ability to pay for services. Any fees

collected shall be paid to the district court to be credited to the domestic relations mediation fund,

which is used to offset the costs of the program.

If applicable, any funds in excess of the program budget at the end of the fiscal year shall be

remitted by the contractor to the district court clerk to be credited to the domestic relations

mediation fund.

D. Immunity. Attorneys and other persons appointed by the court to serve as mediators, or

in other such roles under the rules governing this district’s programs under the Domestic Relations

Mediation Act, are arms of the court and are immune from liability for conduct within the scope

of their duties as provided by law.

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