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Stipulation And Order Re Appointment Of Special Master (Family Law-11.6G) - California
| Stipulation And Order Re Appointment Of Special Master (Family Law-11.6G) Form. This is a California form and can be used in Family Law San Francisco Local County . |
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. This appointment is based upon the expertise of the Special Master as a licensed mental health professional. The Special Master may make orders resolving conflicts between the parents which do not affect the court's exclusive jurisdiction to determine fundamental issues of custody and visitation. Each party specifically agrees that the Special IT IS ORDERED, ADJUDGED AND DECREED THAT: APPOINTMENT: 1. ___________________________is appointed Special Master under Code of Civil Procedure ยง638, until resignation of __________________________or written agreement of the parties, further court order, or two years from the date of appointment, whichever first occurs. PURSUANT TO THE STIPULATION OF THE PARTIES hereinafter set forth, and good cause appearing therefor, Respondent and Petitioner, In re the Marriage of: ) Case No.: ) ) STIPULATION AND ORDER RE: ) ) APPOINTMENT OF SPECIAL MASTER ) ) ) ) ) ) ) SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO UNIFIED FAMILY COURT 3. -1 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 Master may make decisions regarding possible conflicts they may have on the following issues, 1 and that such decisions are effective as orders when made and will continue in effect unless modified or set aside by a court of competent jurisdiction: a. b. c. d. e. f. g. h. i. j. k. l. dates and times of pick up and delivery sharing of vacations and holidays method of pick up and delivery transportation to and from visitation participation in child care/daycare and baby sitting bedtime diet clothing recreation after school and enrichment activities discipline health care management m. alterations in schedule which do not substantially alter the basic time share agreement participation in visitation (significant others, relatives, etc.) in the case of infants and toddlers, increasing time share when developmentally appropriate. other: n. o. p. 4. The Special Master will have authority to make recommendations on the following issues, 2 which recommendations shall be submitted to the court, which may approve them and enter them as court orders. These recommendations will be effective when adopted by the court, and can be reviewed only upon a hearing de novo at which the moving party has the burden of proof. a. b. c. d. e. f. g. Private school education Religion and religious training Church attendance Large changes in vacation and holiday time shares Supervision of visitation Time share changes which do not alter the child(ren)'s primary residence. Appointment of counsel for child(ren) 5. The Special Master shall not make any orders which substantially 3 alter the parties' time sharing arrangements, alter an award of physical custody, alter an By agreement, signed by both, the parties may exclude specified items from the following list. By agreement, signed by both, the parties may exclude specified items from the following list. 3 Ordinarily defined as more than 2 nights per week -2 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 6. award of legal custody, or substantially interfere with a party's contact with his/her child(ren). These decisions and others relating to the best interest of the child(ren) are reserved to the San Francisco Superior Court for adjudication, and may be presented to the court by either party upon the recommendation of the special master in the form of an order to show cause or notice of motion. In an emergency, the Special Master may ask the court to initiate an order to show cause on its own motion. The Special Master may recommend that child(ren) or the parents participate in adjunct services including physical and psychological examinations and assessments and psychotherapy; and alcohol and drug monitoring/testing. QUASI-JUDICIAL IMMUNITY: 7. The Special Master is a court officer/mediator. The Special Master has quasi-judicial immunity. The Special Master cannot be sued based on his/her actions in this matter. The Special Master cannot be compelled to testify. PROCEDURE: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8. Both parties shall participate in the dispute resolution process as defined by the Special Master and shall be present when so requested by the Special Master. The Special Master may conduct hearings which are informal in nature, by telephone or in person, and need not comply with the rules of evidence. No record need be made, except the Special Master's written recommendations. The Special Master shall have the authority to determine the protocol of all interviews and sessions including, in the case of meetings with the parties, the power to determine who attends such meetings. 9. The Special Master may utilize consultants and/or assistants as necessary to assist the Special Master in the performance of the duties contained herein. DECISIONS: 10. Decisions of the Special Master relating to the items listed in paragraph 3, above, by their very nature are often made in circumstances involving severe time constraints, and, possibly, emergencies; therefore, these decisions may be made orally, but in a fashion communicated to both parties. They are binding when made. In such an event, these decisions should be communicated to the parties by confirming letter as well. -3 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WARNING: In signing this agreement, both mother and father should assume that the Special Master's decision on the issues listed in paragraph 3 will be final. Because of time constraints and because of the language of this stipulation, the possibility of obtaining a court order changing a Special Master's decision on these issues is unlikely. Any party challenging the Special Master's decision on any of these issues will have a burden of proving, with dear and convincing evidence, that the Special Master's decision was legally incorrect and/or not in the best interest of the child(ren). 11. If the Special Master makes decisions on issues addressed in paragraph 4, above, these orders should be in writing and filed with the court. If either party disagrees with any recommendation thus made, he/she may make a timely motion requesting a judicial review of the order. In that event, the party challenging the Special Master's recommendation has the burden of proof according to the law. COMMUNICATION WI
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