The court appointing a guardian pursuant to the Kinship Guardianship Act retains continuing jurisdiction of the matter. History: Laws 2001, ch. 167, § 14. Orders for injunctive relief in family matters that provide for continuing jurisdiction are modifiable. — Where grandmother petitioned for visitation privileges with her granddaughter under the Grandparent's Visitation Privileges Act (GVPA), 40-9-1 to 40-9-4 NMSA 1978, and where, while the GVPA proceeding was pending, a no-contact order that had been issued in a separate proceeding under the Kinship Guardianship Act (KGA), 40-10B-1 to 40-10B-15 NMSA 1978, was clarified to prohibit contact between grandmother and the child, and where the district court determined that the revised no-contact order precluded any contact between grandmother and the child, and as a result dismissed the GVPA petition for failure to state a claim without receiving grandmother's evidence, the district court erred in dismissing grandmother's petition as precluded as a matter of law, because orders for injunctive relief in family matters that provide for continuing jurisdiction are modifiable, whether for changed circumstances or some other reason that the injunctive relief should no longer govern the parties' conduct, and grandmother, in this case, alleged sufficient facts to support a claim for visitation, and therefore grandmother was entitled to offer evidence to demonstrate that the petition created a genuine issue of material fact about whether under the current circumstances, modification of the revised no-contact order was justified and visitation under the GVPA was appropriate. Flores v. McLain , 2024-NMCA-079. Courts appointing guardians have concurrent jurisdiction with Children's Courts. — Family courts which appoint kinship guardianships have continuing concurrent jurisdiction with children's courts presiding over abuse and neglect proceedings, and therefore petitions to revoke the rights of a kinship guardian may be filed within abuse and neglect proceedings. State ex rel. Children, Youth & Families Dep't v. Djamila B. , 2015-NMSC-003. Where the children's court judge interpreted continuing jurisdiction to mean exclusive jurisdiction, the children's court judge erred in ruling that the court lacked jurisdiction to revoke the kinship guardianship pursuant to this Act. State ex rel. Children, Youth & Families Dep't v. Djamila B. , 2015-NMSC-003.
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