Santa Clara — FM-1055*

Source: https://santaclara.courts.ca.gov/system/files/forms/fm-1055_rem.pdf

FM-1055 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA FOR COURT USE ONLY STREET ADDRESS: 201 North First Street, San Jose, CA 95113

MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, California 95113 DIVISION: Family Justice Courthouse - Family Law Division

PETITIONER:

RESPONDENT:

OTHER PARENT/CLAIMANT:

CASE NUMBER:
ORDER APPOINTING MINOR’S COUNSEL DEPARTMENT NUMBER:

FCS NUMBER:

1. FINDINGS: The Court finds the best interests of the child/ren in this case will be served by the appointment of

   counsel to represent the child/ren.

This is a limited scope appointment regarding the following subject or duration:

______________________________________________________________________________________.

THE COURT ORDERS:

2. APPOINTMENT: Pursuant to Family Code Sections 3150 – 3153, the Court appoints: Bar No. Attorney Name:

Telephone Number:

Email Address:

to represent the minor child/ren who is or are:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Additional children are listed on Attachment 2.

3. IDENTITY OF PARTIES: Party 1: Petitioner Respondent Other

   Name:

   Telephone Number (UNLESS CONFIDENTIAL, see No. 5):

   Email Address:

   Address (UNLESS CONFIDENTIAL, see No. 5):

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Party 2: Petitioner Respondent Other

Name:

Telephone Number (UNLESS CONFIDENTIAL, see No. 5):

Email Address: Address (UNLESS CONFIDENTIAL, see No. 5):

Other Party/Claimant:

Relationship:

Name:

Telephone Number (UNLESS CONFIDENTIAL, see No. 5):

Email Address:

Address: (UNLESS CONFIDENTIAL, see No. 5):

4. COUNSEL FOR PARTIES:

   Party 1 is self-represented

   Party 1’s counsel:

   Name:

   Telephone Number:

   Email Address:

   Address:

   Party 2 is self-represented

   Party 2’s counsel:

   Name:

   Telephone Number:

   Email Address:

   Address:

   Claimant/Other Party is self-represented

   Claimant/Other Party’s counsel:

   Name:

   Telephone Number:

   Email Address:

   Address:

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5. CONFIDENTIAL ADDRESS:

   If a party’s address is confidential, due to a pending Domestic Violence Restraining Order proceeding or

   participation in California’s Safe At Home Program, that party or their attorney if they are represented, must

   provide the address, email address, and telephone number to counsel for the child/ren within 5 days of this

   order.

6. KEEPING MINOR’S COUNSEL INFORMED OF ADDRESSES/PHONE NUMBERS:

   Counsel for the parties, or the parties, if self-represented, must keep the attorney for the child/ren informed of

   the parties’ current residence, employment addresses, email addresses, and telephone numbers at all times.

7. PLEADINGS:

Once appointed, Minor’s Counsel will have access to the Court’s electronic file in this matter. Each attorney or

party must serve copies of all future pleadings related to child/ren’s issues on Minor’s Counsel within five (5)

calendar days of filing. Any ex parte filings or motions relating to child issues, including child support, must be

served on Minor’s Counsel in the same manner as if served upon a party. All stipulated orders involving issues

regarding the child/ren, including child support issues, must include the agreement of Minor’s Counsel or a

statement by Minor’s Counsel that no position is taken. All orders following hearings and trials involving Minor’s

Counsel shall be submitted to Minor’s Counsel for approval as to form and content.

8. MINOR’S COUNSEL'S RIGHT AND RESPONSIBILITIES

   a. Counsel and the child/ren will have a confidential attorney-client relationship. Counsel will not be called as a witness in the proceedings.

   b. Counsel must have reasonable access to the child/ren.

   c. Counsel will be given notice of any proceeding, and all phases of that proceeding, including any requests

   for examination affecting the child/ren.

   d. Counsel will receive reasonable advance notice of and has the right to refuse any physical or psychological

   examination or evaluation, for purposes of this proceeding, that has not been ordered by the Court or to

   seek independent psychological or physical examination or evaluation of the child/ren for purposes of the

   proceeding on approval by the Court.

   e. Counsel has the right to assert or to waive any privilege on behalf of the child/ren.

   f. Counsel may be heard in any proceeding including presenting motions and orders to show cause and

   participating in settlement conferences and trials, seeking writs, appeals, and arbitrations. Filing fees are

   waived for Minor’s Counsel.

   g. Each party must provide copies of records as requested by Counsel. Counsel must have access to the

   child/ren's medical, dental, mental health, other health care providers, and to mental health professionals,

   and others who have assessed the child/ren or provided care to the child/ren, subject to paragraph k below.

Minor’s Counsel must have access to any and all reports, test results, and other documents relating to the

child/ren from third parties, for example but not limited to, school personnel, medical personnel, and

Department of Family and Children Services workers. The release of this information to Minor’s

Counsel will not constitute a waiver of the confidentiality of the reports, files, and/or any disclosed

communications. All privileged documents will continue to be privileged. Each party must sign releases for

such information as requested by the Minor’s Counsel.

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h. The parties or their counsel must provide Minor’s Counsel with the names, addresses, email addresses

and telephone numbers for all individuals involved with the treatment, care, daycare, and education of the

children within 14 days of this order, and must keep counsel informed of any changes in this information.

i. There must be no ex parte communication between the Minor’s Counsel and any Family Court Services

assessor/evaluator, private assessor/evaluator, and mental health professional appointed by the Court or

hired by the parties, except for the parties’ own therapists, or where expressly authorized by the Court

pursuant to Family Code §3151 (c)(5). The above limitations will not apply under the circumstances set

forth in Family Code Section 216 (c)(1) and (2).

j. Counsel must be permitted to review the Family Court Services files regarding the case. Any request for

copies of a Family Court Services file may be subject to a protective order and must be in compliance with

Santa Clara County Local Rules, Family Rule 2 (C)(6).

k. Counsel may participate in mediation of parenting issues with the parents, whether through Family Court

Services or private mediation, subject to the requirements of Family Code sections §§ 3177 and 3182. All

parties are responsible for reasonable notice to the Counsel of any scheduled mediation. Counsel is bound

by the same mediation confidentiality as the parties.

l. Minor’s Counsel is charged with the representation of the child/ren’s best interests. The role of Counsel is

to gather evidence that bears on the best interests of the child/ren and present that admissible evidence to

the Court.

m. For all issues related to the qualifications, rights, and responsibilities of Minor’s Counsel the parties are

referred to California Rules of Court, Rule 5.242.

9. REVIEW OF APPOINTMENT:

   a. Minor's counsel, counsel for any party, a self-represented party, or the Court may set a Status Conference

   before the end of 24 months from the filing of this order, for the purpose of determining whether a hearing

   will be required on the question of continuing or ending the appointment. If no one sets a Status Conference

   by the end of 24 months from the filing of this order, the appointment will continue for another 12 months,

   with the same ability to be heard by the Court at the end of each subsequent 12-month period.

   b. If all parties and Counsel agree that Counsel’s appointment should end, they may present a signed

   stipulation stating the reasons for termination to the court for review. Appointed counsel may also file an

   Ex Parte Application and Order to be Relieved as Counsel for Minor Child (FM-1187) as described in Family

   Rule 9 (D).

   c. Appointment will terminate upon emancipation of the child/ren, except as to any continuing orders.

10. ATTORNEY FEES AND COSTS:

a. Minor’s Counsel will receive a reasonable sum for compensation and expenses, which will be determined

by the Court. Family Code § 3153(a). Minor's counsel may not include within a request for compensation

any billing entries relating to purely clerical or administrative tasks, overhead items, or any compensation

for time spent preparing the request for compensation itself.

b. The parties are responsible for the payment of Minor Counsel’s fees and costs, unless the Court finds that

one or both of the parties are unable to pay all or a part of the fees. The Court can

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order the parties to pay the fees and costs in proportions deemed to be just and reasonable and may order

payment in advance as a retainer. The Court has discretion to order all or part of the fees and costs to be

paid by the Superior Court. If payment for fees and costs is made by the Superior Court of Santa Clara

County, the Court may order either party to make reimbursement to the Court and the rate of payment must

be the amount set by the court.

c. Each party shall pay $ to the Minor’s Counsel within days of the date of filing of this

Order as a deposit toward fees and costs for Minor’s Counsel.

d. Minor’s Counsel may submit an application for payment of fees and costs upon completion of ten hours of

billable time. Once the proposed billable amount reaches $4,000, Minor’s Counsel should submit an

application for payment of fees and costs. Applications which do not include billing statements will be

rejected by the court.

e. Whenever Minor’s Counsel submits an application and billing statement of fees and costs, each party must

file and serve a fully completed Income and Expense Declaration (Judicial Council Form FL-150) which

must include recent pay stubs, or other verification of income no later than 21 days after Minor’s Counsel’s

application is submitted. Parties are advised that the court requires updated financial information to

determine the ability of the parties to pay all or a portion of counsel’s compensation and expenses.

f. Failure to pay ordered fees and costs may result in the appointed attorney or the court initiating legal action

to collect the ordered fees and costs. (Cal. Rules of Court 5.241.) Appointed attorneys may file a Request

for Order addressing enforcement remedies for unpaid fees and costs, including a request for the court to

issue an Abstract of Judgment.

11. APPLICATION SUBMISSION TO FINANCE:

    Minor’s Counsel may submit one copy of any application and billing statements of fees and costs

    (Exhibit) to the court on a quarterly basis. This helps to properly charge expenditures to the correct

    fiscal year and avoid duplicate claims.

12. OTHER ORDERS:

DATE: JUDICIAL OFFICER

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