1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF CONTRA COSTA 3 In Re Marriage of: 4 Petitioner, 5 6 and 7 8 Respondent. 9 ) ) CASE NO. ) ) STIPULATION AND ORDER ) FOR APPOINTMENT OF SPECIAL ) MASTER ) ) ) ) ) ) ) ) 10 11 Pursuant to the stipulation of the parties, hereinafter set forth, and good cause 12 appearing therefore, the court hereby makes an appointment, pursuant to Code of Civil 13 Procedure Section 638, Evidence Code Section 730, and California Rules of Court 244.1 of 14 a Special Master, to make recommendations and/or to submit proposed findings to the court 15 under the following terms and conditions: 16 APPOINTMENT: 17 1. __________________________________ , whose address and telephone number 18 are: ________________________________ is hereby appointed Special Master pursuant to 19 Code of Civil Procedure Section 638 and as the court’s expert under Evidence Code Section 20 730 until a) resignation; b) written agreement of the parties; c) further order of court; or e) 21 _______, 200_ , whichever first occurs. The appointment may be further extended by 22 written agreement of the parties, submitted to and approved by the court. If said appointee 23 is unavailable or unwilling to act, or continue to act as Special Master, the parties or their 24 counsel shall advise the court, which shall designate an alternate or substitute Special 25 Master in accordance with the procedures set forth in Paragraph 23 below. 26 AUTHORITY: 27 2. The Special Master shall have the authority to make recommendations to the 28 court on the following issues: (Rev 3/28/02) -12002 © American LegalNet, Inc. 1 ___Timeshare/visitation schedule 2 ___Vacation and holiday schedule 3 __ Transportation. to and from visitation 4 ___Method of pick-up and delivery, 5 ___Childcare, daycare and babysitting 6 ___Recreation 7 ___Extracurricular and enrichment activities 8 ___Implementation of the recommendations contained in the court ordered custody 9 evaluation report prepared by _______________ and dated ____________. In addition, the Special Master will have authority to (specify): 10 11 __________________________________________________________________________ 12 __________________________________________________________________________ 13 ____________________________________________________________________ The Special Master shall not have the authority to make any order which changes the 14 15 designation of primary legal or physical custody. Notwithstanding such limitation, the 16 Special Master may advise the court if, in the Special Master’s opinion, changed 17 circumstances and/or the best interests of the child(ren) warrant review by the court of such 18 issues. 19 PROCEDURE: 20 3. The parties shall provide copies of all pleadings, orders and correspondence 21 which relate to the issues to be brought to the Special Master. These documents shall 22 initially be provided within 10 calendar days of the date this order is filed. Any party may 23 initiate contact in writing with the Special Master, provided that copies are provided to the 24 other party or opposing counsel, concurrently. 25 4. The parties shall participate in good faith in the dispute resolution process 26 defined by the Special Master and shall be present when so requested by the Special Master. 27 6. The Special Master shall have the authority to determine the protocol of all 28 interviews and sessions including, in the case of meetings with the parties, the power to (Rev 3/28/02) -22002 © American LegalNet, Inc. 1 determine who attends such meetings. The hearings may be informal and need not comply 2 with the rules of evidence. Testimony need not be sworn, and no record need be made. 3 7. The Special Master may interview all members of the immediate or extended 4 family of all parties. 5 8. The Special Master may interview and request the participation of other 6 persons whom the Special Master deems to have relevant information or to be useful 7 participants, either in person or by phone. 8 9. The Special Master may have access to the following records and information 9 and the parties consent to the release of records and information to the Special Master from 10 the following persons: 11 a. Children's current/previous pediatricians psychologists or mental health professionals 12 13 b. Children's current/previous teachers and school staff and administrators 14 c. Hospital and medical records for the children 15 d. Children's current/previous daycare/preschool providers 16 e. Law enforcement agencies, personnel and records 17 f. Custody evaluators 18 g. Mediators (if mediation was non-confidential) or prior Special Masters. 19 The parties will execute all necessary releases to the extent reasonably required to facilitate 20 such access. 21 10. The Special Master shall have the authority to order the parties and/or the 22 child(ren) to participate in adjunct services, including physical or psychological 23 examinations and assessments, psychotherapy, alcohol and domestic violence counseling, 24 and drug or alcohol rehabilitation counseling. 25 11. The Special Master shall advise the court in writing if he/she believes that 26 alcohol or drug testing should be required for any party, setting forth the facts supporting 27 such recommendation. 28 12. The Special Master may recommend appoint of minor’s counsel. (Rev 3/28/02) -32002 © American LegalNet, Inc. 1 13. The Special Master, as a judicial officer, may communicate ex-parte with the 2 court. (Per Canons of Judicial Ethics, Canon 3B7(b)). The Special Master may have ex 3 parte communication with either of the parties or any of the individuals indicated above in 4 carrying out the tasks and procedures set forth in this stipulation. 5 14. No physician-patient, therapist-patient relationship, attorney-client relationship 6 and/or privilege is created by this Stipulation. The Special Master shall have the authority 7 to speak with either party’s therapist/psychiatrist and with any of the child(ren)’s 8 medical/healthcare providers if the Special Master deems it within the authority granted to 9 him in this Stipulation and Order. There shall be no waiver of the patient-physician or 10 patient-therapist privilege as a result of any physician or therapist communications with the 11 Special Master. The physician or therapist cannot be compelled to testify as a result of 12 communication with the Special Master. 13 RECOMMENDATIONS: 14 15. The Special Master's recommendation shall be reduced to writing and 15 provided to all parties and counsel at least 24 hours prior to presentation to the court. 16 16. The recommendation of the Special Master shall presented to the court for 17 filing, along with a declaration of notice. The recommendations of the Special Master shall 18 become an interim order upon being presented to the Court for filing, along with a 19 declaration of notice. Either party may bring a motion within 15 days of the Special Master’s 20 notice date to set aside or modify the order. If the 15 days waiting period expires without 21 challenge by the filing of a motion by either party, the recommendation shall automatically 22 be signed by the court and will become the permanent order. 23 17. The Special Master may make ex-parte application to the court for issuance of 24 emergency orders in accordance with the procedures of Local Rule of Court 12.2. 25 GRIEVANCES: 26 18. The Special Master may be disqualified on any of the grounds applicable to the 27 removal of a Judge, Referee or Arbitrator. 28 19. Complaints or grievances from any party regarding the performance, actions or (Rev 3/28/02) -42002 © American LegalNet, Inc. 1 billing of the Special Master shall be dealt with according to the following procedure: 2 a.) A person having a complaint or grievance regarding the Special Master must 3 discuss the matter with the Special Master in person before pursuing it in 4 any other manner. 5 b.) If after discussion, the party decides to pursue a complaint, he/she must 6 then submit a written letter detailing the complaint or grievance to the 7 Special Master with a copy to all other counsel or party. 8 c.) The Special Master will then provide a written response to the grievance to 9 the party and all counsel or parties within 30 days of the written complaint 10 11 or grievance. d.) If the written response does not settle the complaint or grievance, then the 12 Special Master shall meet with the complaining party and his/her attorney to 13 discuss the matter. 14 e.) If the grievance or complaint is not resolved after this meeting, the 15 complaining party may proceed by noticed motion to the court addressing 16 the issues raised in the complaint or grievance. 17 20. Neither party may initiate court proceeding for a complaint or grievance 18 regarding the Special Master without following the above procedure. Failure to comply with 19 this procedure will result in sanctions by the court. 20 21. The court shall reserve jurisdiction to determine if either or both parties and/or 21 the Special Master shall ultimately be responsible for any portion or all of the Special 22 Master's time and costs spent in responding to the grievance and the Special Master's 23 attorney's fees, if any. 24 22. Neither party shall complain about the Special Master to the Special Master's 25 licensing board without complying with these grievance procedures. 26 SUBSTITUTION OF SPECIAL MASTER: 27 23. Upon 30 days written notice to the parties, the Special Master may resign: 28 a) at any time he/she determines the resignation to be in the best interest of the children; b) if (Rev 3/28/02) -52002 © American LegalNet, Inc. 1 the Special Master is unable to serve out his/her term, or c) if the Special Master's fees have 2 not been paid. The remaining term of the Special Master shall remain in full force and effect 3 and shall be filled by a new Special Master unless otherwise mutually agreed to by the 4 parties. Upon notice of impending resignation, the Special Master shall recommend to the 5 parties at least three (3) qualified Special Masters. The Special Master shall be chosen by 6 agreement of the parties or if unable to agree, the Judge to whom the case is assigned shall 7 choose a Special Master to fulfill the remaining term of the stipulation. 8 QUASI-JUDICIAL IMMUNITY AND TESTIMONY: 9 24. The Special Master is an officer of the court and therefore has quasi-judicial 10 immunity. The Special Master cannot be sued based on his/her actions in this matter. The 11 Special Master cannot be compelled to testify and is subject to the restrictions of Evidence 12 Code §703.5. However, the Special Master may choose to testify if the court so requests, or 13 upon application of the Special Master to the court notifying it of the Special Master's desire 14 to testify. Such testimony shall not constitute a waiver of the Special master's quasi-judicial 15 immunity. 16 SPECIAL MASTER FEES: 17 25. The Special Master's hourly fee shall be set by the Special Master pursuant to an 18 agreement between the parties and the Special Master. All fees shall be advanced equally by 19 the parties, except as follows:_______________________________________________ 20 _________________________________________________________________________ 21 The Court reserves jurisdiction to re-allocate said payments between the parties. The Special 22 Master may recommend re-allocation of fees and costs if it appears that the conduct of one 23 party, or changed financial circumstances, warrant it. 24 26. Objection to any fees or costs billed by the Special Master shall be made in 25 writing within thirty (30) days of receipt, or the billing is deemed accepted. Objections will 26 be handled in accordance with the grievance procedure set forth above. 27 27. In the event that the testimony and. or written report of the Special Master is 28 required for any hearing, settlement conference or court action by one or both parties, the (Rev 3/28/02) -62002 © American LegalNet, Inc. 1 Special Master's fees for such services shall be paid by both parties, in advance according to 2 the estimate provided by the Special Master. Ultimately, the court shall determine the proper 3 allocation between the parties for all fees of the Special Master for such services and may 4 require reimbursement by one party to the other for any payment to the Special Master. 5 NOTICE: 6 28. Attorney for Petitioner shall forthwith deliver a copy of this stipulation and order 7 to the Special Master. 8 9 IT IS SO STIPULATED: 10 Dated: Petitioner 11 12 Dated: Attorney for Petitioner 13 Dated: Respondent 14 15 Dated: Attorney for Respondent 16 SPECIAL MASTER'S AGREEMENT: 17 I, ________________________, Special Master herein agrees to said appointment and agrees 18 to the terms of this order. I am aware of and will comply with applicable provisions of Canon 6D of the Code of Judicial Ethics and the applicable Rule of Court 244.1. 19 20 Dated:___________________ ______________________________ Special Master 21 THE STIPULATION OF THE PARTIES IS ACCEPTED AND MADE AN ORDER OF THE COURT AND THE PARTIES ARE ORDERED TO COMPLY THEREWITH; _________________________ IS APPOINTED AS SPECIAL MASTER AS SET FORTH HEREIN 22 23 24 25 Dated: Judge of the Superior Court 26 27 28 (Rev 3/28/02) -72002 © American LegalNet, Inc.