FL-323 - Order Appointing Counsel for a Child

Summary

Order Appointing Counsel for a Child

Text

Form ID: FL-323
Title: Order Appointing Counsel for a Child
Effective Date: 2023-01-01
Mandatory Form: no
Languages: 汉语, 한국어, español, Tiếng Việt
Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-323
Primary Download URL: https://www.courts.ca.gov/documents/fl323.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/fl323c.pdf, https://www.courts.ca.gov/documents/fl323k.pdf, https://www.courts.ca.gov/documents/fl323s.pdf, https://www.courts.ca.gov/documents/fl323v.pdf
Form Detail Page:
Order Appointing Counsel for a Child
(FL-323)
States the court's decision (an order) to appoint a lawyer for your child. Also states the lawyer's rights and responsibilities and how the lawyer will be paid.
Get form FL-323
汉语
Get form FL-323 in Chinese Simplified
(Chinese Simplified)
한국어
Get form FL-323 in Korean
(Korean)
español
Get form FL-323 in Spanish
(Spanish)
Tiếng Việt
Get form FL-323 in Vietnamese
(Vietnamese)
Effective: January 1, 2023
PDF Text:
Page 1 of 3
Form Adopted for Mandatory Use 
Judicial Council of California 
FL-323 [Rev. January 1, 2023]
Family Code, §§ 3150, 3151, 3152; 
Government Code, § 77003; 
Cal. Rules of Court, rules 5.240, 5.241, 5.242 
ORDER APPOINTING COUNSEL FOR A CHILD
FL-323
FOR COURT USE ONLY
CASE NUMBER:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
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
Respondent/Defendant present
Other parent/party present
On the request for order, order to show cause, or motion filed (date): by (name):
Attorney present (name):
Attorney present (name):
Attorney present (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. Email 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. 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.
(3) The court reserves jurisdiction to modify the compensation payable to counsel for the child retroactively.

FL-323 [Rev. January 1, 2023] ORDER APPOINTING COUNSEL FOR A CHILD Page 2 of 3
FL-323
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
CASE NUMBER:
5. 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) Petitioner/Plaintiff % Respondent/Defendant: % Other parent/party: %
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:
6. 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 7.
7. OTHER ORDERS:

ORDER APPOINTING COUNSEL FOR A CHILDFL-323 [Rev. January 1, 2023] Page 3 of 3
FL-323
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT/PARTY:
CASE NUMBER:
8. 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.
(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.
(5) Unless under the circumstances it is inappropriate to exercise the duty:
(6) If so informed by the child at any point, provide notice that the child: 
(a) Wishes to address the court; or 
(b) Has changed their choice about addressing the court. 
(7) Provide the notice in (6) as soon as feasible to the parties or their attorneys, other professionals serving on the case, and 
then to the judicial officer.
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.
9. 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;
c. To receive notice of any proceeding, and all phases of that proceeding, including a request for examination affecting the child;
d. To be heard in the proceeding and take any action available to a party in the proceeding;
e. To have access to the child's medical, dental, mental health, and other health-care records;
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. (Family Code section 3151(b)).
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.

Retrieval chunks

• #1

  Form ID: FL-323 Title: Order Appointing Counsel for a Child Effective Date: 2023-01-01 Mandatory Form: no Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-323 Primary Download URL: https://www.courts.ca.gov/documents/fl323.pdf Alternate Download URLs: https://www.cou…

• #2

  (3) The court reserves jurisdiction to modify the compensation payable to counsel for the child retroactively. FL-323 [Rev. January 1, 2023] ORDER APPOINTING COUNSEL FOR A CHILD Page 2 of 3 FL-323 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: CASE NUMBER: 5. b. The court finds that the parties…

• #3

  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 chil…

• #4

  further in the proceeding to the degree necessary to represent the child adequately. 9. 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; c. To receive notice of any proceeding, and all phases of that proc…