Brainard v. Vaughn

Filing 48

ORDER granting 46 Guardian Ad Litem's Motion to Define Role and Duties of Appointment. The court hereby orders Mr. Sorensen to undertake the following duties as guardian ad litem. Signed by Judge Jill N. Parrish on 3/15/2018. (prb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
IN RE APPLICATION OF J.B.
ANDREW HAN BRAINARD,

ORDER DEFINING ROLE AND DUTIES
OF THE GUARDIAN AD LITEM

Petitioner,
v.
JORDAN DIANE VAUGHN,
Respondent.

Case No. 2:18-cv-130
District Judge Jill N. Parrish

On March 13, 2018, the court appointed Mr. Sam Sorensen as guardian ad litem of the
minor child, J.B., in this matter. See ECF No. 40. Earlier today, Mr. Sorensen filed a motion
asking the court to define his role and duties. See ECF No. 46. The court hereby orders Mr.
Sorensen to undertake the following duties as guardian ad litem.
1. Investigate all aspects of J.B.’s social background by talking to the Petitioner,
Respondent, J.B., and engaging in any further fact inquiry or investigation that he
deems appropriate.
2. Investigate Respondent’s allegations of abuse and the extent of any harm caused to
J.B., for the purpose of determining whether Respondent’s allegations are accurate.
3. Provide facts, evidence, and recommendations concerning whether returning J.B. to
New Zealand would expose her to a grave risk of physical or emotional harm or
subject her to an intolerable situation.
4. Provide facts, evidence, and recommendations concerning whether Petitioner
consented to Respondent’s removing J.B. to and retaining her in the United States.

The court notes that this is not an exhaustive list. Mr. Sorensen’s duty in his role is to
represent J.B. and assist the court in pursuing its Hague Convention inquiry. However, “[t]he
Convention and [ICARA] empower the courts in the United States to determine only rights under
the Convention and not the merits of any underlying child custody claims.” 22 U.S.C.
§ 9001(b)(4). Consequently, Mr. Sorensen should not conduct a traditional allocation of parental
responsibilities analysis.

Signed March 15, 2018
BY THE COURT

______________________________
Jill N. Parrish
United States District Court Judge

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