Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Order Appointing Counsel For Child(ren) Form. This is a Maryland form and can be use in Circuit Court Statewide.
Loading PDF...
Tags: Order Appointing Counsel For Child(ren), CM-13, Maryland Statewide, Circuit Court
CIRCUIT COURT FOR
Plaintiff
Case No.
City/County
vs.
Defendant
ORDER APPOINTING COUNSEL FOR CHILD(REN)
This matter having come before the Court, it is this
day of
by the Circuit Court for
,
County, Maryland
ORDERED, that
number
,
, telephone
, is hereby appointed as a Best Interest Attorney for the minor
child(ren)
,
in accordance with the Maryland Guidelines of Practice for Court - Appointed Lawyers Representing
Children in Cases Involving Child Custody or Child Access. A Best Interest Attorney is a court appointed lawyer who provides independent legal services for the purpose of protecting a child's best
interests. without being bound by the child's directives or objectives. It is further
ORDERED, that
number
, telephone
, is hereby appointed as a Child Advocate pursuant to the
Maryland Guidelines of Practice for Court - Appointed Lawyers Representing Children in Cases
Involving Child Custody or Child Access. A Child Advocate is a court - appointed lawyer who provides
independent legal counsel for a child and who owes the same duties of undivided loyalty, confidentiality,
and competent representation as are due an adult client. It is further
ORDERED, that
number
, telephone
, is hereby appointed as a Child(ren)'s Privilege Attorney
pursuant to the Maryland Guidelines of Practice for Court - Appointed Lawyers Representing Children in
Cases Involving Child Custody or Child Access. A Child(ren)'s Privilege Attorney is a lawyer appointed
in accordance with Nagle v. Hooks, 296 Md. 123 (1983), to decide whether to assert or waive, on behalf
of a minor child in a custody action, any statutory privilege. It is further
ORDERED, that the parties shall fully cooperate with the attorney appointed herein in the
performance of the duties instructed by this Court. It is further
ORDERED, that the attorney appointed herein shall have reasonable access to the child(ren) and to
all otherwise privileged or confidential information, including but not limited to any protected health
information, about the child(ren), without the necessity of any further Order of Court. The attorney's
CC-CM 13 (Rev. 3/2008)
Page 1 of 3
American LegalNet, Inc.
www.FormsWorkflow.com
Case No.
access to privileged and confidential information shall be without the necessity of a signed release,
including medical, dental, psychiatric/psychological, social services, drug and alcohol treatment, law
enforcement and education records and information. It is further
ORDERED, that the attorney appointed herein (Child's Privilege Attorney) shall provide a
written document/line asserting or waiving the privilege, to be filed on or before
.
It is further
ORDERED, that the attorney appointed herein shall be compensated as follows:
Payment into attorney's trust account. Plaintiff is hereby directed to pay the attorney
appointed herein, for deposit into the attorney's trust account, the sum of
($
) within 10 days of the date of this Order as an initial contribution
towards the attorney's fees in performance of the services identified herein. The attorney is
authorized to draw from the trust account as the fee is earned, upon submission of an itemized
monthly statement to the court, counsel, and any unrepresented party.
Payment into attorney's trust account. Defendant is hereby directed to pay the attorney
appointed herein, for deposit into the attorney's trust account, the sum of
($
) within 10 days of the date of this Order as an initial contribution
towards the attorney's fees in performance of the services identified herein. The attorney is
authorized to draw from the trust account as the fee is earned, upon submission of an itemized
monthly statement to the court, counsel, and any unrepresented party.
Final allocation of fees shall be determined by the Court at a hearing on the merits of this
case or upon the Petition of the attorney appointed herein.
The attorney appointed herein shall submit a bill for services to the Court at the
conclusion of the case, or upon earlier motion.
The attorney appointed herein shall provide representation on a pro-bono basis.
The attorney appointed herein shall be compensated in accordance with the Memorandum
of Understanding and any subsequent directives issued by this Court.
The appointment shall terminate following the final disposition of the merits of the case in
the trial court.
Absent further Order of this Court, the attorney appointed shall not be required to
participate in any appeal in this matter.
CC-CM 13 (Rev. 3/2008)
Page 2 of 3
American LegalNet, Inc.
www.FormsWorkflow.com
Case No.
Although the minor child(ren) are not parties to this action, the attorney appointed herein
shall be entitled to engage in discovery as part of the performance of the duties assigned herein,
and to file motions or seek order as appropriate in the fulfillment of the duties appointed herein.
It is further
ORDERED, that within ten (10) days of the date of this Order, counsel for Plaintiff, or Plaintiff,
shall provide to the attorney appointed herein copies of all pleadings and papers filed in the above action
and any correspondence between the parties or counsel for the parties and shall otherwise provide notice
and service to the child(ren)'s attorney pursuant to Maryland Rules of Procedure, Title I. It is further
ORDERED, that within ten (10) days of the date of this Order, each party is to provide the attorney
appointed herein the names and known addresses and telephone numbers of any and all mental health
providers who have evaluated or treated the child(ren) and anyone else with whom the child(ren) may
have a privilege pursuant to the Statute. It is further
ORDERED, that the attorney appointed herein shall not have any ex parte communication with the
Court. In addition, the attorney/client privilege shall be respected at all times. As such, the attorney
appointed herein may not speak to the parties without the prior permission of their respective attorneys,
and the attorneys for the parties may not speak with the child(ren) without the prior permission of the
attorney appointed herein.
Judge
CC-CM 13 (Rev. 3/2008)
Page 3 of 3
American LegalNet, Inc.
www.FormsWorkflow.com