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Orders Re Appointment Of Counsel For Minor FamLaw-08 - California
| Orders Re Appointment Of Counsel For Minor Form. This is a California form and can be used in Family Law Contra Costa Local County . |
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Superior Court of California, County of Contra Costa STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP: BRANCH NAME: PETITIONER / PLAINTIFF: RESPONDENT / DEFENDANT: CLAIMANT: FOR COURT USE ONLY ORDER RE APPOINTMENT OF COUNSEL FOR MINOR COURT NUMBER: 1. Today's Date: Next Hearing Date: Time: Dept. Judge (name): Temporary Judge Petitioner/Plaintiff present Attorney present (name): Respondent/Defendant present Attorney present (name): Claimant present Attorney present (name): Attorney for minor present (name): THE COURT FINDS: Pursuant to Family Code § 3150(a), it is in the best interest of the minor child to appoint private counsel to represent the interest of the child. 1. Name of counsel appointed for child: Name Address Telephone number # 2. Name of child(ren) for whom counsel appointed: Name Birth date Lives primarily with: Father Mother Address Telephone #: Other: Name 3. Counsel is charged with all of the rights and duties set forth in Family Code § 3151. Counsel shall pay particular attention to the issues identified on Attachment "A". 4. Counsel shall have all of the rights regarding the child as set forth in Family Code § 3151 and § 3152. In addition, counsel shall have access to police department records and/or files regarding the child and/or parties. 5. Initial Compensation as follows: Hourly at $________ per hour Flat Rate $1,000.00 Retainer $_________ Reserved, parties to file Income & Expense Declaration in 20 days. ____% Petitioner, ____% Respondent 6. At any time during the proceeding, but no later than 30 days after counsel is relieved as attorney of record, the Court may make a redetermination of counsel's compensation on the Court's own motion, at the request of a party or a party's counsel or at the request of counsel for the child. If the Court determines that the parties have the ability to pay all or a portion of counsel's regular hourly fee, the Court must order that the parties pay in any manner the Court determines to be reasonable and compatible with the parties' financial ability, including Local Court Form FamLaw-08 Rev. 11/28/12 American LegalNet, Inc. www.FormsWorkFlow.com progress or installment payments. Parties' failure to pay fees to the appointed counsel or to the Court may result in the attorney or the Court initiating legal action against the parties to collect monies due. [See CRC 5.241] 7. Unless relieved earlier by the Court, public pay counsel shall continue to represent the child(ren) until completion of one substantive court appearance, at the completion of which the representation shall automatically terminate without further action by the Court or counsel. The Court reserves jurisdiction to re-appoint counsel for an additional term, upon good cause being shown. Unless relieved earlier by the court, private pay counsel shall represent the child for a period of two (2) years, at the completion of which the representation shall automatically terminate without further action by the Court or counsel. The Court reserves jurisdiction to re-appoint counsel for an additional term upon good cause being shown. 8. Child Custody Recommending Counselors and duly appointed Child Custody Evaluators are authorized to speak with minor's counsel unless either party files with the Court a written objection within seven (7) days of the date of this order. A copy of the written objection shall be served on: Administrator, Family Court Services, 751 Pine Street, Martinez, CA 94553. Date: ___________________ ______________________________________________ JUDGE / COMMISSIONER Local Court Form FamLaw-08 Rev. 11/28/12 American LegalNet, Inc. www.FormsWorkFlow.com ATTACHMENT "A" TO ORDER RE: APPOINTMENT OF COUNSEL FOR MINORS Minor's Counsel shall gather evidence and present admissible evidence which addresses: Parental compliance with Court Order filed ________________________. Appropriateness of the child(ren)'s living environment. Child(ren)'s preferences as to living arrangements. Current custody and visitation arrangement. Claims of parental alienation. Claims of sexual molestation. Claims of abuse. Whether matter should be referred to Children and Family Services and Juvenile Court and make appropriate referrals. Other: ____________________________________________________________________________________ _________________________________________________________________________________________ Other: ____________________________________________________________________________________ _________________________________________________________________________________________ Local Court Form FamLaw-08 Rev. 11/28/12 American LegalNet, Inc. www.FormsWorkFlow.com
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