Description

This is the exact form that was used recently in Bexar County by a top divorce firm to reset a temporary orders hearing and have an agreed appointment of an amicus.  This is a good way to ensure there are some orders in place to protect the child if you cannot go straight to temporary orders, and there is going to be a full blown custody dispute.

Here is an example of some of the language which appoints an amicus:

AGREED INTERIM ORDER

On ______________________, the parties appeared and agreed to the following Orders of the Court:

1. Appointment of Amicus Attorney

The Court finds that the parties have agreed that under section 107.021 of the Texas Family Code, the best interest of the child is in dispute, and finds that an amicus attorney should be appointed in this case. The Court hereby appoints _________as Amicus Attorney to provide legal services necessary to assist the Court in protecting the best interests of CHILD, the child the subject of this suit.

The parties agree and the Court hereby ORDERS that any custodian of the child shall grant Amicus Attorney immediate access to the child and to information regarding the child and shall fully cooperate with Amicus Attorney.

The parties further agree and the Court further ORDERS that the custodian of any relevant records relating to the child, including records regarding social services, law enforcement records, school records, records of a probate or court proceeding, and records of a trust or account for which the child are a beneficiary, shall provide immediate access to the records to Amicus Attorney without requiring a further order or release.

The parties further agree and the Court further ORDERS that the custodian of a medical, mental health, or drug- or alcohol treatment record of a child that is privileged or confidential under other law shall release the record to Amicus Attorney without requiring further order or release, except that a child’s drug- or alcohol-treatment record that is confidential under 42 U.S.C. section 290dd-2 shall be released only as provided under applicable federal regulations.

Petitioner and Respondent are ORDERED to sign any and all releases of information relative to the child or the parties in this case, as requested by Amicus Attorney, within seven days of the request.

Pursuant to sections 107.003 and 107.005 of the Texas Family Code, Amicus Attorney is ORDERED perform the following duties in this case:

1. Subject to rules 4.02, 4.03, and 4.04 of the Texas Disciplinary Rules of Professional Conduct, and within a reasonable time after the appointment, interview –

a. The child in a developmentally appropriate manner, if the child is four years of age or older;

b. Each person who has significant knowledge of the child’s history and condition, including any foster parent of the child; and

c. The parties to the suit.

2. Seek to elicit in a developmentally appropriate manner the child’s expressed objectives of representation;

3. Consider the impact on the child in formulating Amicus Attorney’s presentation of