Free JDF 1320 Order Appointing Legal.PDF - Colorado

District Court Denver Juvenile Court ___________________________ County, Colorado Court Address: In re: The Marriage of: Parental Responsibilities concerning: ______________________________________________________ Petitioner: and Co-Petitioner/Respondent:

COURT USE ONLY Case Number:

Division Courtroom ORDER APPOINTING LEGAL REPRESENTATIVE OF THE CHILD PURSUANT TO §14-10-116, C.R.S.

This matter is before the Court on the Court's motion, Petitioner's motion, or Co-Petitioner/Respondent's motion for the Appointment of a Legal Representative of the Child pursuant to §14-10-116, C.R.S. Finding in the best interests of the child(ren), the Court hereby appoints as Legal Representative of the Child (CLR): Name: _______________________________________________________ Atty. Reg. #: ________________

Mailing Address: _____________________________________________________________________________ Telephone #: ___________________ Fax #: ____________________ Email: _____________________________ Information about the child(ren): Full Name of Child Date of Birth

Information about the Petitioner: Name: ___________________________________________

Date of Birth: _________________ Attorney: _______________________________

Mailing Address: ____________________________________________________________________________ City & Zip: _______________________________________________________ Home Phone #: ___________________ Work Phone #: __________________ Cell #: _____________________ Information about the Co-Petitioner/Respondent: Name: ___________________________________________ Date of Birth: _________________ Attorney: _______________________________

Mailing Address: ____________________________________________________________________________ City & Zip: _______________________________________________________ Home Phone #: ___________________ Work Phone #: __________________ Cell #: _____________________ Protection/Restraining Orders: is is not a Protection/Restraining Order in place: County of ______________________, State of There ______________________, in case number __________________.

JDF 1320 R7/05 ORDER APPOINTING LEGAL REPRESENTATIVE OF THE CHILD

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The person restrained is: __________________________________________. If this box is checked: parties may meet together with the CLR, if the CLR so directs, without violating this Order. Responsibilities of the Legal Representative of the Child:

the

1. The CLR shall comply with the applicable provisions set forth in Chief Justice Directives 04-05 and 04-06 as subsequently amended, and with the requirements of §14-10-116, C.R.S. The CLR shall not also serve as the Child and Family Investigator pursuant to §14-10-116.5, C.R.S. 2. The Court directs the CLR to represent the best interests of the child(ren) with respect to the following concerns: Allocation or modification of parental responsibilities (parenting time and decision-making responsibilities) Support of the child(ren) Child's property Drug/alcohol abuse Domestic violence Special needs of a parent or child Other issues: _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 3. The CLR shall not issue a report, nor shall the CLR be called to testify as to her/his representation. 4. The next event in this case is a _________________________ scheduled for __________________ (date) at ___________ (time) in Courtroom _______. Release of Confidential Information: The parties shall sign any releases necessary to allow the CLR to properly conduct his/her representation; and the CLR may request the Court to issue any other necessary order for release of information. Immunity: As a neutral appointee of the Court, the CLR is granted quasi-judicial immunity while acting within the scope of his/her appointment. Modification or Termination of the Legal Representative of the Child's Appointment: The Court shall maintain the discretion to modify or terminate this appointment at any time during the proceedings. This appointment shall terminate upon the following unless otherwise ordered by the Court: upon entry and the Court's signature of Permanent Orders in this case. when motions have been resolved by the entry of orders in this post-decree issue. other: ____________________________________________________________________________ Payment of Costs and Fees in Favor of the Legal Representative of the Child: The Court hereby finds that the fees of the CLR, plus mileage and costs at the State Rate, are necessary and reasonable. Any objection to these fees and costs shall be made in writing and filed with this Court within 10 days. The CLR's fees are in the nature of child support, as the role of the CLR is to represent the child's best interests as to all issues that affect or may affect the best interests of the child(ren). After considering the financial resources and/or other equitable circumstances of the parties, the Court apportions the payment of the retainer, fees, and costs of the CLR as follows:
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No party is indigent. 1. The CLR's hourly rate is $____________ and he/she requires $_____________ for the initial retainer. The Petitioner will pay the CLR directly the amount of $__________ or ______ % to be applied toward the initial retainer on or before ___________________ (date). The Co-Petitioner/Respondent will pay the CLR directly the amount of $__________ or ______ % to be applied toward the retainer on or before ______________________ (date). 2. Thereafter, the CLR shall bill his/her hourly rate of $__________ against the initial retainer, and fees and costs in excess shall remain apportioned as set forth above and shall be paid within 30 days of the date billed, unless otherwise ordered by the Court or agreed between the parties. The Court finds that both parties are indigent. Both the Petitioner and Co-Petitioner/Respondent have completed the required JDF 208 form, and are indigent per CJD 04-06, and therefore orders that the fees and costs of the CLR will be borne by the State pursuant to the procedures and at the hourly rate set forth in CJD 04-06. The Court finds the one party _____________________________________ (name of party) is indigent. The party identified above has completed the required JDF 208 form, and is indigent, and therefore orders that _______% of the fees and costs of the CLR will be borne by the State pursuant to the procedures and at the hourly rate set forth in CJD 04-05 with the remaining amount as determined by the Court to be paid by the non-indigent party to the CLR directly. The non-indigent party will pay as follows: At least 50% of the State Rate as set forth by Chief Justice Directive; or An hourly rate as otherwise ordered by the Court in the amount of $_____________. The non-indigent party is ordered to pay the CLR directly the amount of $____________ to be applied toward the CLR's initial retainer on or before _____________________ (date). The CLR will bill only the non-indigent's hourly rate against such retainer and the State will be responsible for all costs associated with the indigent party. The Court maintains the discretion to reallocate the appointment of fees at the Permanent Order or PostDecree Hearing.

The Representative of the Child shall not commence representation until the retainer is satisfied in full and the CLR shall apprise the Court within ten days of his/her inability to proceed with the case because of non-payment. Upon notification to the Court, the Court may set a forthwith hearing which will require the mandatory appearance of the non-paying party(ies). Failure of either party to comply with this Order may result in sanctions by the Court, up to six months in the County Jail, or a $1,000.00 fine.

Date: ________________________________

______________________________________ Judge Magistrate

CERTIFICATE OF SERVICE I certify that on __________________ (date), I mailed, faxed, e-filed, or hand-delivered a copy of this Order to the following:
Attorney for Petitioner or Petitioner pro se Attorney for Co-Petitioner/Respondent or Co-Petitioner/Respondent pro se Legal Representative of the Child Other: ____________________________________ _____________________________________ Clerk

JDF 1320 R7/05 ORDER APPOINTING LEGAL REPRESENTATIVE OF THE CHILD

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