ATTACHMENT I ORDER APPOINTING SPECIAL MASTER SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY Marriage of Petitioner: Case No. and ORDER APPOINTING SPECIAL MASTER Respondent: _________________________________/ Good cause appearing thereof, pursuant to the stipulation of the parties, IT IS ORDERED, ADJUDGED AND DECREED THAT: Appointment of Special Master. 1. ___________________________ is appointed Special Master, to serve until his/her resignation or written agreement of the parties, further court order, or _______________, whichever first occurs. Powers of Special Master. 2. Level One. Subject to the stipulation of the parties (if indicated on Exhibit 1), the Special Master has the authority to make decisions regarding the issues set forth on Exhibit 1 and such decisions are effective as orders when made and will continue in effect unless modified or set aside by a court of competent jurisdiction. Special Master decision on these matters shall be communicated to parties/counsel in person, by telephone, mail, fax, and/or personal delivery and will take effect immediately. If the parties do no stipulate to the Special Master’s authority to make decisions about the matters listed on Exhibit 1, those matters shall be subject to the Special Master’s authority to make recommendations in accordance with Paragraph 3 of this order. 3. Level Two. The Special Master has the authority to make recommendations on the issues set forth on Exhibit 2, which recommendations shall be submitted to the court, which may approve them and enter them as court orders. Special Master recommendation on these matters shall be served on the Court/parties and counsel by mail, fax or personal delivery. The Special Master recommendations shall be subject to adoption by the Court as an order unless either party files and serves a motion objecting to entry of the order within 15 days of services of the recommendations. Either party January 1, 2006 American LegalNet, Inc. www.USCourtForms.com shall have the right to request a written explanation from the Special Master of any recommendation, which shall be proved within 20 calendar days to both parties, counsel and the court. 4. Level Three. The Special Master shall not make any recommendations which alter a child’s primary residence, alter an award of physical custody, alter an award of legal custody, prohibits a party’s contact with his/her children, or require or prohibit adherence to a religion. These decisions and other relating to issues not included among those assigned to the Special Master in Exhibits 1 and 2 of this order are reserved to the Monterey County Superior Court for adjudication, and may be presented to the court by either party or upon the recommendation of the Special Master without a recommendation as to outcome. Communications with the Special Master. 5. Both parties shall cooperate with the Special Master and shall be present when so requested by the Special Master. The Special Master may initiate contacts with the parties or counsel which are informal in nature, by telephone or in person. The Special Master has the authority to decide when and if to meet with the parties and to determine the protocol of all meetings including the power to determine who attends such meetings. 6. The parties and their attorneys may communicate ex parte with the Special Master, subject to reasonable limitations imposed by the Special Master. Any party may write to the Special Master, provided that copies are provided to the opposing party simultaneously and subject to reasonable limitations imposed by the Special Master. Counsel may initiate contact in writing with the Special Master, provided copies are provided to opposing counsel simultaneously. 7. The Special Master may communicate ex parte with the judge, at the discretion of the Special Master and the judge. Such communications shall be made only after giving notice to both parties; provided, however, that notice may be excused if notice would frustrate the very purpose of the communication. If the Special Master communicates with the judge without having given notice, (s)he shall notify the judge of that fact and his/her reasons for not giving notice. 8. Counsel or parties in pro per shall serve the Special Master with all pleadings and discovery relating to non-financial issues concerning the child(ren). 9. With the agreement of the parties and counsel, or upon court order, the Special Master may utilize consultants and/or assistants as necessary to assist the Special Master in the performance of the duties contained herein. January 1, 2006 American LegalNet, Inc. www.USCourtForms.com 10. The Special Master may request the appointment of a co-Special Master where issues arise which require the expertise of someone other than the Special Master. The powers of the co-Special Master shall be set forth in the order appointing the co-Special Master. 11. The parties shall sign all requested releases, including the release attached to this Order as Exhibit 3 and shall forthwith provide all relevant and reasonable records, documentation, and information requested by the Special Master. 12. No physician-patient or therapist-patient relationship and/or privilege between either party, the minor child(ren) and the Special Master is created by this order. Fees. 13. The Special Master’s fees is $_______________ per hour. Time spent in interviewing, report preparation, review of records and correspondence, telephone conversation, travel, court preparation and any other time spent in connection with serving as Special Master will be billed at the same hourly rate. The Special Master’s fee for Court appearances is $________________, per hour, including travel time to and from his/her office and waiting time. The Special Master may require an advance deposit in an amount to be agreed upon by him/her and the parties, subject to replenishment upon becoming diminished. 14. The Special Master shall be reimbursed for any reasonable expenses he/she incurs in association with his/her role as Special Master. These costs may include, but are not limited to the following: photocopies, messenger service, long distance telephone charges, postage, express and/or certified mail costs and excess postage to foreign countries, parking, tolls, mileage, other travel expenses and word processing. At the Special Master’s discretion, fees for consultants or assistants agreed to ordered shall be paid directly to the provider or reimbursed to the Special Master. Allocations. 15. Except as otherwise provided below, the fees of the Special Master shall be shared by the parties in the following manner: Father shall pay ______% of the Special Master’s fees, expenses and advance deposit, and Mother shall pay ____ _% of the Special Master’s fees, expenses and advance deposit. 16. The Special Master shall have the right to allocate payment of his/her fees at a percentage difference from the above if he/she believes the need for his/her services is attributable to conduct and/or intransigence of one party. 17. In the event that either party fails to provide twenty four (24) hours’ notice of cancellation of any appointment with the Special Master, such party shall pay all of the Special January 1, 2006 American LegalNet, Inc. www.USCourtForms.com Master’s charges for such missed appointment at the full hourly rate, at the discretion of the Special Master. 18. Once appointed, the Special Master shall have the right to withdraw upon written notice to the Court and parties, with or without a stated reason. 19. The Special Master may be disqualified on any of the grounds applicable to the removal of a judge, referee or arbitrator, upon motion by either party or by the court on its own motion. 20. Neither party may initiate court proceedings for the removal of the Special Master or to bring to the attention of the court or any other body any grievances regarding the performance or actions of the Special Master without meeting and conferring with the Special Master in an effort to resolve the grievance. ______________________________ Mother APPROVED AS TO FORM: ______________________________ Attorney for Mother ______________________________ Special Master ________________________________ Father Attorney for Father ORDER IT IS SO ORDERED. Dated:_________________ Judge of the Superior Court January 1, 2006 American LegalNet, Inc. www.USCourtForms.com EXHIBIT 1 Level One Powers 1. Dates and times of pick-up and delivery 2. Sharing of parent vacations and holidays 3. Method of pick-up and delivery 4. Transportation to and from visitation 5. Selection of child care/daycare and baby sitting 6. Bedtime 7. Diet 8. Clothing 9. Recreation 10. After school and enrichment activities 11. Discipline 12. Health care management 13. Alterations in schedule which do not substantially alter the basic time share agreement 14. Participation in visitation (significant others, relatives, etc.) 15. In the case of infants and toddlers, increasing time share when developmentally appropriate 16. Other daily routines 17. Participation in alcohol and drug monitoring or testing, including selection of monitors or testers 18. Other: ____________________________________________ We agree that the Special Master may make binding decisions on the above matters. _____ _____ Initials Initials January 1, 2006 American LegalNet, Inc. www.USCourtForms.com EXHIBIT 2 Level 2 Powers 1. Private school education and school placement 2. Scheduling of church attendance and religious classes 3. Large changes in vacation and holiday timeshares 4. Supervision of visitation 5. Timeshare changes not altering the child’s primary residence 6. Appointment of counsel for children 7. Participation in adjunct health services including physical and psychological examinations, assessments and psychotherapy, including selection of providers. EXHIBIT 3 INFORMATION RELEASE We, the undersigned, specifically authorize any public agency, private person, physician, psychologist, treating therapist, drug and/or alcohol treatment program, hospital, law enforcement agency, teacher, counselor or child care provider possessing information about each of us or our minor children, confidential or otherwise, to release this information, including copies of all relevant documents, to ________________________, Special Master. We consent that interviews may take place at the children’s schools if deemed appropriate by the Special Master. We understand this information will be used as the Special Master may deem fit and proper. This release shall remain valid until _____________________, (date). We understand that we are entitled to a copy of this release of information form. FATHER: MOTHER: ______________________________ Signature & Date ______________________________ Print Name ______________________________ Date of Birth ______________________________ Social Security Number NAME OF CHILD/CHILDREN: ________________________________ Signature & Date ________________________________ Print Name ________________________________ Date of Birth ________________________________ Social Security Number ____________________________________ Date of Birth: _________________ ____________________________________ Date of Birth: _________________ January 1, 2006 American LegalNet, Inc. www.USCourtForms.com