Okla. Stat. tit. 43, § 43-107.3

or counseling - Definitions - False accusations of child abuse or

neglect.

A. 1. In any proceeding when the custody or visitation of a

minor child or children is contested by any party, the court may

appoint an attorney at law as guardian ad litem upon motion of the

court or upon application of any party to appear for and represent

the minor children.

2. The guardian ad litem may be appointed to objectively

advocate on behalf of the child and act as an officer of the court

to investigate all matters concerning the best interests of the

child. In addition to other duties required by the court and as

specified by the court, a guardian ad litem shall have the following

responsibilities:

a. review documents, reports, records and other

information relevant to the case, meet with and

observe the child in appropriate settings, and

interview parents, caregivers and health care

providers and any other person with knowledge relevant

to the case including, but not limited to, teachers,

counselors and child care providers,

b. advocate for the best interests of the child by

participating in the case, attending any hearings in

the matter and advocating for appropriate services for

the child when necessary,

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c. monitor the best interests of the child throughout any

judicial proceeding,

d. present written factual reports to the parties and

court prior to trial or at any other time as specified

by the court on the best interests of the child, which

determination is solely the decision of the court, and

e. the guardian ad litem shall, as much as possible,

maintain confidentiality of information related to the

case and is not subject to discovery pursuant to the

Oklahoma Discovery Code.

3. Expenses, costs, and attorney fees for the guardian ad litem

may be allocated among the parties as determined by the court.

4. The Oklahoma Bar Association shall develop a standard

operating manual for guardians ad litem which shall include, but not

be limited to, legal obligations and responsibilities, information

concerning child abuse, child development, domestic abuse, sexual

abuse, and parent and child behavioral health and management

including best practices. After publication of the manual, all

guardians ad litem shall certify to the court in which he or she is

appointed as a guardian ad litem that the manual has been read and

all provisions contained therein are understood. The guardian ad

litem shall also certify that he or she agrees to follow the best

practices described within the standard operating manual. The

Administrative Office of the Courts shall provide public access to

the standard operating manual by providing a link to the manual on

the Oklahoma State Courts Network (OSCN) website.

B. When property, separate maintenance, or custody is at issue,

the court:

1. May refer the issue or issues to mediation if feasible

unless a party asserts or it appears to the court that domestic

violence or child abuse has occurred, in which event the court shall

halt or suspend professional mediation unless the court specifically

finds that:

a. the following three conditions are satisfied:

(1) the professional mediator has substantial

training concerning the effects of domestic

violence or child abuse on victims,

(2) a party who is or alleges to be the victim of

domestic violence is capable of negotiating with

the other party in mediation, either alone or

with assistance, without suffering an imbalance

of power as a result of the alleged domestic

violence, and
re satisfied:

(1) the professional mediator has substantial

training concerning the effects of domestic

violence or child abuse on victims,

(2) a party who is or alleges to be the victim of

domestic violence is capable of negotiating with

the other party in mediation, either alone or

with assistance, without suffering an imbalance

of power as a result of the alleged domestic

violence, and

(3) the mediation process contains appropriate

provisions and conditions to protect against an

imbalance of power between parties resulting from

the alleged domestic violence or child abuse, or

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b. in the case of domestic violence involving parents,

the parent who is or alleges to be the victim requests

mediation and the mediator is informed of the alleged

domestic violence; and

2. When custody is at issue, the court may order, in addition

to or in lieu of the provisions of paragraph 1 of this subsection,

that each of the parties undergo individual counseling in a manner

that the court deems appropriate, if the court finds that the

parties can afford the counseling.

C. As used in this section:

1. "Child abuse or neglect" shall have the same meaning as

"abuse" or "neglect" as defined by Section 1-1-105 of Title 10A of

the Oklahoma Statutes or shall mean the child has been adjudicated

deprived as a result of the actions or omission of either parent

pursuant to the Oklahoma Children's Code; and

2. "Domestic violence" shall have the same meaning as such term

is defined by the Protection from Domestic Abuse Act.

D. During any proceeding concerning child custody, should it be

determined by the court that a party has intentionally made a false

or frivolous accusation to the court of child abuse or neglect

against the other party, the court shall proceed with any or all of

the following:

1. Find the accusing party in contempt for perjury and refer

for prosecution;

2. Consider the false allegations in determining custody; and

3. Award the obligation to pay all court costs and legal

expenses encumbered by both parties arising from the allegations to

the accusing party.