Local Rule LR2-403. Safe exchange and supervised visitation.

[Related Statewide Rule 1-125 NMRA and related Statute NMSA 1978, §§ 40-12-1 to -6] A. Program established. The district court operates a "safe exchange and supervised visitation program" (SESV) in accordance with the Domestic Relations Mediation Act. B. Domestic relations mediation fund; deposit and disbursement of fees. The district court maintains a domestic relations mediation fund for the deposit of all fees collected under the Domestic Relations Mediation Act, which are used to offset the costs of operating the court's SESV program. Deposits into the domestic relations mediation fund shall include the following: (1) the surcharge authorized under Section 40-12-6 NMSA 1978 on all new and reopened domestic relations cases; and (2) fees paid by the parties for mediation and SESV services provided under the Domestic Relations Mediation Act. C. Sliding fee scales. SESV services provided under the Domestic Relations Mediation Act shall be paid by the parties in accordance with a sliding fee scale submitted to and approved by the Supreme Court in accordance with the requirements of Rule 1-125(I) NMRA. The current sliding fee scales approved by the Supreme Court shall be posted on the district court's website and inside the courthouse. Any fees owed by a party under the sliding fee scale shall be paid by the party prior to receiving services. Fees collected for SESV services shall be remitted to the district court and shall be deposited into the domestic relations mediation fund. D. Initiating services; cooperation required. The court may, on request of any party or on the court's own motion, order the parties to participate in the SESV program in accordance with the requirements in Rule 1-125 NMRA. Any party ordered to participate in the SESV program shall cooperate with all court staff and outside service providers designated by the court to operate the program, and any party who fails to do so may be sanctioned or held in contempt of court. E. 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.