Order Appointing Counsel For A Child Page 2
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3FL-323
PETITIONER/PLAINTIFF:
CASE NUMBER:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
6. COUNSEL FOR A CHILD HAS THE FOLLOWING RIGHTS:
a.
To have reasonable access to the child;
b.
To have standing to seek affirmative relief on behalf of the child;
To receive notice of any proceeding, and all phases of that proceeding, including a request for examination affecting the child;
c.
d.
To be heard in the proceeding and take any action available to a party in the proceeding;
To have access to the child's medical, dental, mental health, and other health-care records;
e.
f.
To have access to the child's school and educational records;
g.
To interview school personnel, caretakers, health-care providers, mental health professionals, and others who have assessed
the child or provided care to the child;
h.
To interview mediators subject to the provisions of Family Code sections 3177 and 3182;
i.
To assert or waive any privilege on behalf of the child;
j.
To receive reasonable advance notice of and the right to refuse any physical or psychological examination or evaluation that
has not been ordered by the court;
k.
On approval of the court, to seek independent psychological or physical examination or evaluation of the child for purposes of
the pending proceeding;
l.
On noticed motion to all parties and the local child protective services agency, to request the court to authorize the relevant local
child protective services agency to release relevant reports or files concerning the child represented by the counsel as provided
by Family Code section 3152; and
m.
Not to be called as a witness in the proceeding. (Fam. Code, §§ 3151(b), 3151.5)
7. DETERMINATION OF FEES AND PAYMENT
a. Counsel for the child will be compensated as follows:
(1)
(Specify amount or rate and terms):
(2)
The court reserves jurisdiction to determine compensation payable to counsel for the child.
The court reserves jurisdiction to retroactively modify the compensation payable to counsel for the child.
(3)
b. The court finds that the parties are able to pay the compensation and expenses for the child's counsel.
The parties are ordered to pay counsel for the child as follows:
(1)
Petitioner/Plaintiff:
%
Respondent/Defendant:
%
Other parent/party:
%
(a)
Petitioner/Plaintiff must make installment payments of $
per month until paid or modified by court order.
(b)
Respondent/Defendant must make installment payments of $
per month until paid or modified by court order.
(c)
Other parent/party must make installment payments of $
per month until paid or modified by court order.
(2)
The court reserves jurisdiction to reallocate attorney's fees and costs between the parties.
c. The court finds that the parties are unable to pay
all
a portion of the costs for child's counsel.
The child's counsel must be paid as follows:
(1)
The court will pay all the fees and expenses for the child's attorney.
(2)
Other parent/party:
%
Petitioner/Plaintiff:
%
Respondent/Defendant:
%
Payable by court:
%
(a)
Petitioner/Plaintiff must make installment payments of $
per month until paid or modified by court order.
(b)
Respondent/Defendant must make installment payments of $
per month until paid or modified by court order.
(c)
Other parent/party must make installment payments of $
per month until paid or modified by court order.
(3)
The court reserves jurisdiction to reallocate attorney fees and costs between the parties.
(4)
The court may seek reimbursement from the parties if the court pays all or a portion of the compensation for the child's
counsel.
d. Other:
FL-323 [Rev. January 1, 2012]
Page 2 of 3
ORDER APPOINTING COUNSEL FOR A CHILD
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