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Stipulation And Order For Appointment Of Special Master FamLaw-203 - California

Stipulation And Order For Appointment Of Special Master Form. This is a California form and can be used in Family Law Contra Costa Local County .
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SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF CONTRA COSTA In Re Marriage of: Petitioner, and Respondent. ) ) CASE NO. ) ) ) STIPULATION AND ORDER ) FOR APPOINTMENT OF SPECIAL ) MASTER ) ) ) ) ) ) ) Pursuant to the stipulation of the parties, hereinafter set forth, and good cause appearing therefore, the court hereby makes an appointment, pursuant to Code of Civil Procedure Section 638, Evidence Code Section 730, and California Rules of Court 244.1 of a Special Master, to make recommendations and/or to submit proposed findings to the court under the following terms and conditions: APPOINTMENT: 1. __________________________________ , whose address and telephone number are: ________________________________ is hereby appointed Special Master pursuant to Code of Civil Procedure Section 638 and as the court's expert under Evidence Code Section 730 until a) resignation; b) written agreement of the parties; c) further order of court; or e) FamLaw-203/Rev. 10-20-06 American LegalNet, Inc. www.FormsWorkFlow.com 1 _______, 200_ , whichever first occurs. The appointment may be further extended by written agreement of the parties, submitted to and approved by the court. If said appointee is unavailable or unwilling to act, or continue to act as Special Master, the parties or their counsel shall advise the court, which shall designate an alternate or substitute Special Master in accordance with the procedures set forth in Paragraph 23 below. AUTHORITY: 2. The Special Master shall have the authority to make recommendations to the court on the following issues: ___Timeshare/visitation schedule ___Vacation and holiday schedule __ Transportation. to and from visitation ___Method of pick-up and delivery, ___Childcare, daycare and babysitting ___Recreation ___Extracurricular and enrichment activities ___Implementation of the recommendations contained in the court ordered custody evaluation report prepared by _______________ and dated ____________. In addition, the Special Master will have authority to (specify): __________________________________________________________________________ __________________________________________________________________________ ____________________________________________________________________ FamLaw-203/Rev. 10-20-06 American LegalNet, Inc. www.FormsWorkFlow.com 2 The Special Master shall not have the authority to make any order which changes the designation of primary legal or physical custody. Notwithstanding such limitation, the Special Master may advise the court if, in the Special Master's opinion, changed circumstances and/or the best interests of the child(ren) warrant review by the court of such issues. PROCEDURE: 3. The parties shall provide copies of all pleadings, orders and correspondence which relate to the issues to be brought to the Special Master. These documents shall initially be provided within 10 calendar days of the date this order is filed. Any party may initiate contact in writing with the Special Master, provided that copies are provided to the other party or opposing counsel, concurrently. 4. The parties shall participate in good faith in the dispute resolution process defined by the Special Master and shall be present when so requested by the Special Master. 6. 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. The hearings may be informal and need not comply with the rules of evidence. Testimony need not be sworn, and no record need be made. 7. The Special Master may interview all members of the immediate or extended family of all parties. 8. The Special Master may interview and request the participation of other persons whom the Special Master deems to have relevant information or to be useful FamLaw-203/Rev. 10-20-06 American LegalNet, Inc. www.FormsWorkFlow.com 3 participants, either in person or by phone. 9. The Special Master may have access to the following records and information and the parties consent to the release of records and information to the Special Master from the following persons: a. Children's current/previous pediatricians psychologists or mental health professionals b. c. d. e. f. g. Children's current/previous teachers and school staff and administrators Hospital and medical records for the children Children's current/previous daycare/preschool providers Law enforcement agencies, personnel and records Custody evaluators Mediators (if mediation was non-confidential) or prior Special Masters. The parties will execute all necessary releases to the extent reasonably required to facilitate such access. 10. The Special Master shall have the authority to order the parties and/or the child(ren) to participate in adjunct services, including physical or psychological examinations and assessments, psychotherapy, alcohol and domestic violence counseling, and drug or alcohol rehabilitation counseling. 11. The Special Master shall advise the court in writing if he/she believes that alcohol or drug testing should be required for any party, setting forth the facts supporting such recommendation. FamLaw-203/Rev. 10-20-06 American LegalNet, Inc. www.FormsWorkFlow.com 4 12. The Special Master may recommend appoint of minor's counsel. 13. The Special Master, as a judicial officer, may communicate ex-parte with the court. (Per Canons of Judicial Ethics, Canon 3B7(b)). The Special Master may have ex parte communication with either of the parties or any of the individuals indicated above in carrying out the tasks and procedures set forth in this stipulation. 14. No physician-patient, therapist-patient relationship, attorney-client relationship and/or privilege is created by this Stipulation. The Special Master shall have the authority to speak with either party's therapist/psychiatrist and with any of the child(ren)'s medical/healthcare providers if the Special Master deems it within the authority granted to him in this Stipulation and Order. There shall be no waiver of the patient-physician or patient-therapist privilege as a result of any physician or therapist communications with the Special Master. The physician or therapist cannot be compelled to testify as a result of communication with the Special Master. RECOMMENDATIONS: 15. The Special Master's recommendation and report shall be reduced to writing and provided to all parties and counsel at least 24 hours prior to pr
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