Form FL-323 "Order Appointing Counsel for a Child" - California

What Is Form FL-323?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2012;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;

Download a fillable version of Form FL-323 by clicking the link below or browse more documents and templates provided by the California Superior Court.

ADVERTISEMENT
ADVERTISEMENT

Download Form FL-323 "Order Appointing Counsel for a Child" - California

493 times
Rate (4.7 / 5) 25 votes
FL-323
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
To keep other people from
MAILING ADDRESS:
seeing what you entered on
CITY AND ZIP CODE:
your form, please press the
BRANCH NAME:
Clear This Form button at the
end of the form when finished.
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
CASE NUMBER:
ORDER APPOINTING COUNSEL FOR A CHILD
1. The proceeding was heard:
On (date):
at (time):
in Dept.:
Room:
Judge (name):
Temporary Judge
Petitioner/Plaintiff present
Attorney present (name):
Respondent/Defendant present
Attorney present (name):
Other parent/party present
Attorney present (name):
On the request for order, order to show cause, or motion filed (date):
by (name):
2.
THE COURT FINDS it is in the best interest of the child to appoint counsel to represent the child under Family Code section 3150(a).
a. Counsel appointed for the child (name of counsel):
b. Address:
c. Phone number:
d. E-mail address (optional):
3. CHILD OR CHILDREN FOR WHOM COUNSEL IS APPOINTED
Name
Date of birth
Address(es) (if appropriate)
4. REASON FOR APPOINTMENT (specify):
5. DUTIES OF COUNSEL FOR A CHILD
a. Counsel for a child must:
(1) Represent the child’s best interests.
(2) Gather evidence that bears on the best interest of the child and present that admissible evidence to the court in any manner
appropriate for the counsel of a party.
(3) Present the child’s wishes to the court if the child so desires.
(4) Serve notices and pleadings on all parties consistent with rules and laws applicable to parties.
(5) Unless under the circumstances it is inappropriate to exercise the duty:
(A) Interview the child;
(B) Review the court files and all accessible relevant records available to both parties; and
(C) Make any further investigations child’s counsel considers necessary to ascertain evidence relevant to the custody or
visitation hearings.
b. Counsel may introduce and examine witnesses, present arguments to the court concerning the child's welfare, and participate
further in the proceeding to the degree necessary to represent the child adequately.
Page 1 of 3
Form Approved for Optional Use
Family Code, §§ 3150, 3151, 3151.5, 3152;
ORDER APPOINTING COUNSEL FOR A CHILD
Judicial Council of California
Government Code, § 77003;
FL-323 [Rev. January 1, 2012]
Cal. Rules of Court, rules 5.240, 5.241, 5.242
www.courts.ca.gov
FL-323
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
To keep other people from
MAILING ADDRESS:
seeing what you entered on
CITY AND ZIP CODE:
your form, please press the
BRANCH NAME:
Clear This Form button at the
end of the form when finished.
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
CASE NUMBER:
ORDER APPOINTING COUNSEL FOR A CHILD
1. The proceeding was heard:
On (date):
at (time):
in Dept.:
Room:
Judge (name):
Temporary Judge
Petitioner/Plaintiff present
Attorney present (name):
Respondent/Defendant present
Attorney present (name):
Other parent/party present
Attorney present (name):
On the request for order, order to show cause, or motion filed (date):
by (name):
2.
THE COURT FINDS it is in the best interest of the child to appoint counsel to represent the child under Family Code section 3150(a).
a. Counsel appointed for the child (name of counsel):
b. Address:
c. Phone number:
d. E-mail address (optional):
3. CHILD OR CHILDREN FOR WHOM COUNSEL IS APPOINTED
Name
Date of birth
Address(es) (if appropriate)
4. REASON FOR APPOINTMENT (specify):
5. DUTIES OF COUNSEL FOR A CHILD
a. Counsel for a child must:
(1) Represent the child’s best interests.
(2) Gather evidence that bears on the best interest of the child and present that admissible evidence to the court in any manner
appropriate for the counsel of a party.
(3) Present the child’s wishes to the court if the child so desires.
(4) Serve notices and pleadings on all parties consistent with rules and laws applicable to parties.
(5) Unless under the circumstances it is inappropriate to exercise the duty:
(A) Interview the child;
(B) Review the court files and all accessible relevant records available to both parties; and
(C) Make any further investigations child’s counsel considers necessary to ascertain evidence relevant to the custody or
visitation hearings.
b. Counsel may introduce and examine witnesses, present arguments to the court concerning the child's welfare, and participate
further in the proceeding to the degree necessary to represent the child adequately.
Page 1 of 3
Form Approved for Optional Use
Family Code, §§ 3150, 3151, 3151.5, 3152;
ORDER APPOINTING COUNSEL FOR A CHILD
Judicial Council of California
Government Code, § 77003;
FL-323 [Rev. January 1, 2012]
Cal. Rules of Court, rules 5.240, 5.241, 5.242
www.courts.ca.gov
FL-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
FL-323
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
8. ADDITIONAL ORDERS
a. No later than 10 court days after being appointed by the court and before beginning work on the case, counsel for a child must file
a declaration with the court indicating compliance with the requirements of rule 5.242 of the California Rules of Court. Declaration
of Counsel for a Child Regarding Qualifications (form FL-322) or other local court forms may be used for this purpose.
b. The parties and their counsel are ordered to cooperate with counsel for the child to permit the performance of his or her duties.
c. Counsel for the child must be provided with complete copies of all relevant documents and records filed in the proceeding within
10 days of the appointment.
d. The parties must provide complete information concerning the child's school, medical, psychological, psychiatric, and other
pertinent records to the child's counsel on request. The parties must execute such waivers and releases necessary to facilitate
the child's counsel in securing access to records for the child.
e. The parties and/or their counsel must not compromise, settle, dismiss, or otherwise remove from the court's calendar all or any
portion of the issues, claims, or proceedings concerning which the child's counsel has been appointed, without participation of
the child's counsel or advance notice to the child's counsel.
f. Counsel must continue to represent the child until the appointment terminates, as provided in rule 5.240(f) of the California Rules
of Court, or as stated below in item 9.
9. OTHER ORDERS:
THE COURT SO ORDERS.
Date:
JUDICIAL OFFICER
NOTICE
Any party required to pay court-ordered attorney fees or reimburse the court for attorney fees paid on a
party's behalf must pay interest on overdue amounts at the legal rate, which is currently 10 percent per year.
Failure to pay court-ordered attorney fees or reimburse the court for fees paid on a party's behalf may result
in a legal action being initiated to collect overdue payments and interest on overdue amounts.
FL-323 [Rev. January 1, 2012]
Page 3 of 3
ORDER APPOINTING COUNSEL FOR A CHILD
For your protection and privacy, please press the Clear This Form
Save This Form
Print This Form
Clear This Form
button after you have printed the form.
Page of 3