Free Forms For Privately Paid Law Guardians - New York

Court: County: -----------------------------------------------------------X Title of Action/Proceeding

ORDER APPOINTING LAW GUARDIAN
INDEX NO.
No. Yr.

/

-----------------------------------------------------------X Name of Judge: :

Upon all of the prior proceedings in this action/proceeding, it is

1. ORDERED that the following is appointed Law Guardian: Name: Address:

Phone/FAX: Email:

/

for the following child(ren) of the parties (provide name(s) and date(s) of birth of child(ren)):

;

2. ORDERED that upon receipt of this order and UCS 872 (Notice of Appointment and Certification of Compliance), the Law Guardian shall complete, execute and return UCS

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UCS 880

872 to the Fiduciary Clerk; 3. ORDERED that within 10 days of service of a copy of this order of appointment the parties shall pay to the Law Guardian a retainer of $ if a retainer is not authorized); (enter "None"

4. ORDERED that no less often than every 60 days from the date of this order of appointment the Law Guardian shall send to counsel for the parties bills for compensation and the reimbursement of disbursements;

5. ORDERED that the Law Guardian shall bill at a rate of compensation of $ per hour;

6. ORDERED that subject to reallocation at trial the retainer and all subsequent compensation, including reimbursement for disbursements, shall be paid to the Law

Guardian by the parties according to the following percentages: Plaintiff % Defendant %;

7. ORDERED that once the retainer is expended, or where no retainer is authorized, the parties shall pay all bills sent by the Law Guardian within 20 days of the date of the bill;

8. ORDERED that all compensation and reimbursement for disbursements billed by the Law Guardian during the pendency of this action/proceeding shall be approved by the Court in the final order of compensation, which shall be settled by the Law Guardian, on five days notice, at the conclusion of the Law Guardian's service in the action/proceeding, or as otherwise directed by the Court;

9. ORDERED that the final order of compensation shall be supported by the Law Guardian's affirmation of services on a form approved by the Chief Administrator of the Courts;

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UCS 880

10. ORDERED that within 10 days of service of a copy of the final order of compensation the Law Guardian shall return to a party any amount paid by that party in excess of his/her share of compensation and reimbursement for disbursements, as approved by the Court in the final order of compensation;

11. ORDERED that a. counsel for the parties shall immediately contact the Law Guardian to schedule the interview(s) of the child(ren) with the Law Guardian outside the presence of the parties and their counsel; b. the parties shall make themselves, the child(ren), and anyone living in either party's household, available for interviews with the Law Guardian (counsel for the parties may be present at any interview between the Law Guardian and counsel's client, or the party may, upon written consent of his/her counsel, waive counsel's presence); c. each party, on written consent of his/her counsel, may schedule interviews with the Law Guardian, with or without his/her counsel present, to discuss all issues relevant to custody and visitation (the sequence and frequency of such interviews shall be at the sole discretion of the Law Guardian); d. the parties and counsel shall cooperate with the Law Guardian in providing any

documents, papers or information requested, including executing releases permitting the Law Guardian to speak with, or receive information from, any mental health professionals, social service workers or agencies, physicians, schools, or other persons or entities having material and necessary information regarding the parties or the child(ren); e. the parties shall provide reasonable, private and unhampered access by the children to the Law Guardian, including contact in person or by phone, FAX, email or regular mail;

12. ORDERED that the Law Guardian shall make such applications to the court as deemed appropriate, including requests for the appointment of forensic experts to conduct evaluations, the cost of which shall be borne by the parties in the same percentages as have been established for the payment of the Law Guardian's compensation;

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UCS 880

13. ORDERED that counsel for the parties shall immediately send the Law Guardian copies of all papers in the action/proceeding, including pleadings, motions and prior orders, and 14. ORDERED that the parties, counsel and the Law Guardian shall appear for conference in this Part at . am/pm on , 20

DATED: ___________________________________ Judge

Attorney for Plaintiff/Petitioner: Name: Address:

Attorney for Defendant/Respondent: Name: Address:

Phone/FAX: Email:

/

Phone/FAX: Email:

/

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UCS 880

Court: County: -----------------------------------------------------------X Title of Action

AFFIRMATION OF SERVICES FOR PRIVATELY PAID LAW GUARDIAN

COMPENSATION FOR PERIOD: ___/___/____ to ___/___/____ Mo Day Yr Mo Day Yr

-----------------------------------------------------------X State of New York ) ) ss: County of _____________________ )

INDEX NO. ____________/________
No. Yr.

affirms under penalties of perjury:
Name of Appointee

1. By order of this Court (Hon.____________________), dated ___________________, 20 I was appointed Law Guardian for the following child(ren) of the parties :1

,

Name(s) of child(ren):
(11)

2. During my period of service, this action/proceeding was (Choose one by marking "X" in box):

G contested

OR

G not contested (12)

Text boxes are key-numbered (##) to items on UCS 875 (Statement of Approval of Compensation).
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1

3. The nature of the services provided is evidenced by my time records, attached as Exhibit A, which itemize and total my charges, plus disbursements, and separately itemize and total all payments received from each party; 4. Compensation, excluding disbursements, is requested for: a. the hours spent during the current period (see Exhibit A):
Number of Hours

(14)

b. at the hourly rate of: (Attach, as Exhibit B, a copy of the order of appointment fixing hourly rate.) c. for total compensation2 of:

$

per hour

(15) Total Compensation

5. I request reimbursement for disbursements in the amount of:

$

.

WHEREFORE, I respectfully request that the Court grant fair and reasonable compensation, plus reimbursement for disbursements, for a total award of: $ .

DATED:

Signature: Print Name: Address:

Phone/FAX: Email:

/

Compensation, excluding disbursements, is the amount to be entered in item 15 of UCS 875 (Statement of Approval of Compensation).
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2

Court: County: -----------------------------------------------------------X Title of Action/Proceeding

ORDER APPROVING LAW GUARDIAN COMPENSATION
INDEX NO.
No. Yr.

/

-----------------------------------------------------------X Name of Judge: :

Upon the order of this Court, dated Guardian: Name: Address:

, 20 , appointing as Law

Phone/FAX: Email: and upon his/her affirmation of services, dated

/ , , 20 , it is

ORDERED that the Law Guardian's compensation is approved in the amount of $______________________, plus disbursements in the amount of $__________________, for a total of $______________________;

ORDERED that the parties shall be liable for the approved compensation and reimbursement for disbursements in the following percentages: Plaintiff/Petitioner _____%: for a total of $___________________, for a total of $___________________;

Defendant/Respondent _____%:

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UCS 882

ORDERED that the foregoing percentages are (Mark "X" in box (a) OR (b)) a. b.

G G

as established by the order of appointment; as otherwise determined by the Court;

ORDERED that (Enter "None" if no credit is given.) a. Plaintiff/Petitioner is credited $ ___________________ for payments made; b. Defendant/Respondent is credited $ _________________ for payments made;

ORDERED that within 10 days of service of a copy of this order (Mark "X" in appropriate
box(es), and enter dollar amount for item(s) marked.)

a. b. c. d. DATED:

G Plaintiff/Petitioner shall pay Law Guardian G Defendant/Respondent shall pay Law Guardian G Law Guardian shall pay Plaintiff/Petitioner G Law Guardian shall pay Defendant/Respondent

$_________________ $_________________ $_________________ $_________________

___________________________________ Judge

Attorney for Plaintiff/Petitioner:

Attorney for Defendant/Respondent::

Name: Address:

Name: Address:

Phone/FAX: Email:

/

Phone/FAX: Email:

/

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UCS 882