Free Family Law - Order Re: Appointment of Counsel for Minor - California

Local Rules of Court

San Francisco Superior Court

Rule 11

ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS)

TELEPHONE NO:

Attorney for:
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO 400 MCALLISTER STREET, ROOM 103 SAN FRANCISCO, CA 94102-4514

Petitioner/Plaintiff: Respondent/Defendant: ORDER RE APPOINTMENT OF COUNSEL FOR MINOR
CASE NUMBER:

on (date): at (time): by Judge (name): ____ Petitioner/Plaintiff present ____ Respondent/Defendant present ____ Claimant present THE COURT FINDS AND ORDERS:

in Dept.: Room: ____Temporary Judge ____ Attorney Present (name): ____ Attorney Present (name): ____ Attorney Present (name):

1. It is in the best interest of the minor child(ren) to appoint private counsel to represent the interest of the child(ren), pursuant to Family Code secs. 3150 through 3153. ___________________________ is hereby appointed to represent the following child(ren). Name of Child a. b. c. d. 2. Compensation of counsel is 3. Other orders are _____ set forth on attached _____ as attached _____ not applicable _____ not applicable _____ reserved Date of Birth Custodial Parent (or Guardian)

Date: ______________________________

________________________________________ JUDGE OF THE SUPERIOR COURT

NOTICE: THE ATTORNEY FOR THE CHILD(REN) SHALL BE GIVEN NOTICE OF ALL PROCEEDINGS AND SERVED WITH ALL PLEADINGS AND COURT FILINGS WHICH ADDRESS THE ISSUES OF CHILD CUSTODY, VISITATION OR CHILD SUPPORT.

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ORDER RE APPOINTMENT OF COUNSEL FOR MINOR

Local Rules of Court

San Francisco Superior Court

Rule 11

Petitioner/Plaintiff: Respondent/Defendant:

CASE NUMBER:

The child's counsel shall have the following rights: (1) Reasonable access to the child. (2) Standing to seek affirmative relief on behalf of the child. (3) Notice of any proceeding, and all phases of that proceeding, including a request for examination affecting the child. (4) The right to take any action that is available to a party to the proceeding, including, but not limited to, the following: filing pleadings, making evidentiary objections and presenting evidence and being heard in the proceeding, which may include, but shall not be limited to, presenting motions and orders to show cause, and participating in settlement conferences, trials, seeking writs, appeals, and arbitrations. (5) Access to the child's medical, dental, mental health and other health care records, school and educational records, and the right to interview school personnel, caretakers, health care providers, mental health professionals, and others who have assessed the child or provided care to the child. The release of this information to counsel shall not constitute a waiver of the confidentiality of the reports, files, and any disclosed communications. Counsel may interview mediators; however, the provisions of Sections 3177 and 3182 shall apply. (6) The right to reasonable advance notice of and the right to refuse any physical or psychological examination or evaluation, for purposes of the proceeding, which has not been ordered by the Court. (7) right to assert or waive any privilege on behalf of the child. (8) The right to seek independent psychological or physical examination or evaluation of the child for purposes of the pending proceeding, upon approval by the Court. (9) Other rights as set forth in Family Code secs. 3150 through 3153.

COMPENSATION OF COUNSEL (Attachment to Order Re Appointment of Counsel for Minor) 1. Pursuant to Family Code sec. 3153(a), compensation for service of counsel shall be paid: ____ Hourly rate of $ _______________ ____ Other 2. ____ Payment of filing fees, sheriff, marshal and constable fees, by counsel for the minor are waived. The Court reserves jurisdiction to review this order. Additional fees and costs may be waived upon application. 3. Pursuant to Family Code sec. 3153(b), payment of counsel shall be made as follows: ____ Each party shall pay 1/2 of the charges. The parties may request to have the charges allocated differently upon noticed motion. ____ The Court reserves jurisdiction to allocate these fees between the parties at a later hearing. ____ Other:

4. Counsel shall be advanced a retainer in the amount of $ ____ to be paid by Petitioner/Plaintiff $ ____ to be paid by Respondent/Defendant $ ____ to be paid by (specify):

ORDER RE APPOINTMENT OF COUNSEL FOR MINOR

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