CUSTODY/ACCESS ASSESSMENT RETAINER AGREEMENT

Transcription

1 CUSTODY/ACCESS ASSESSMENT RETAINER AGREEMENT Between: Mother: Address: Counsel for Mother: Father: Address: Counsel for Father: John A. Butt, B.A., M.Sc., Reg d MFT Child Custody and Access Assessor And And In the matter of: Court of Jurisdiction: Court File No.: Child(ren): Name and of Birth PURPOSE OF RETAINER: The father,, and mother, and their respective counsel (if applicable) acknowledge the retainer of Mr. John A. Butt for the purpose of assessing the needs of the above named child/ren with respect to child custody and/or access issues and preparing and filing a written report of the findings. DEFINITIONS: Money Retainers: An amount of money, as set out below, that is paid on account or deposit as security for payment to the Assessor for fees and disbursements accrued over the course of the assessment. Such retainers shall be paid in full to the Assessor by the respective Counsel (if applicable) on behalf of their clients in proportions agreed to between the parties and their Counsel. Rate of Fees: Any and all direct service and/or administrative service undertaken shall be delivered at an hourly rate of $ (Two Hundred & Seventy Five Dollars). HST is in addition to the hourly fee. Disbursements: In addition to the above noted fees, costs incurred by the Assessor over the course of conducting the assessment shall be applied against the retainers. Such costs shall include but not be limited to: Travel Time (outside of Brantford) at the

2 hourly rate of $ (One Hundred & Fifty Dollars); Kilometre Charge (outside of Brantford) at the rate of 45 (Forty Five) cents per kilometre; substantive Long Distance phone calls at the rate of 10 (Ten) cents per minute; substantive Photocopies and Fax Pages at the rate of 10 (Ten) cents per page; Fees established by Collateral Contacts (doctors, counsellors, professional agencies, schools, etc.) for the provision of copies of their records and/or interviews pertaining to the child(ren) and/or the parties. Sequence of Services: Custody/access assessments provided by this Assessor are based upon a two-step model which is designed to a) promote resolution and settlement, and b) minimize the costs associated with the custody and access assessment process. Step 1: The first step involves the gathering of all necessary information and material by the assessor. Such necessary information includes but is not limited to a review of the pleadings; interviews with the parties, the child/ren, and new partners/significant others; observations of the children in interaction with each party and their respective in-home family members; and collateral information from such professional sources as schools, doctors, counselling services, addiction/mental health services, police, CAS, etc. The information gathered is then assessed in context of the needs and best interests of the child/ren as established in Section 24 of the Children s Law Reform Act. A Disclosure Meeting is then convened with the parties and their Counsel (as applicable). The most pertinent information obtained will be summarized verbally only in the Disclosure Meeting, but a written Parenting Plan will be provided by the Assessor which details the recommendations pertaining to custody, access, and any associated issues identified in the course of the assessment. With the completion of the Disclosure Meeting and the provision of the recommendations in the form of the Parenting Plan, Step 1 of the assessment process shall be deemed complete and no further assessment-related services shall be undertaken. Step 2: If the parties are unable to reach an agreement following the completion of the Disclosure Meeting, and/or if the matter appears to be proceeding to trial, the parties are then entitled to request a written Assessment Report. Such Report shall include: a) a list of the sources of information; b) a detailed summary of the information gathered from said sources; c) a discussion of the information obtained in context of the best interests of the children as they pertain to the custody/and access issues; and d) the Parenting Plan as previously released in the Disclosure Meeting. The written Report shall only rely upon information already gathered and identified in the Disclosure Meeting. No new information of any type shall be considered, as such would constitute a re-opening of the assessment process involved in Step 1. INITIAL MONEY RETAINER: Step 1 fees are based upon the hourly rate identified above and are projected to be but not limited to 20 hours of service at a total pre-tax fee of $5, (Five thousand, five hundred dollars). The total fee is payable by certified cheque or money order in full prior to any assessment services being commenced. Should Step 1 entail more than 20 hours of service due to such things as the volume of required information or the complexity of the family situation, or should there be acquired fees for travel or professional reports, then such additional costs shall be billed prior to the Disclosure Meeting and such fees must be paid in full prior to the commencement of the Disclosure Meeting. 2

3 The signatories agree that the Assessor s account pertaining to Step 1 shall be paid in full prior to the provision of the Disclosure Meeting and release of the Parenting Plan. Step 2: In the event a written Report is requested, the cost of such report shall be established by the Assessor based upon the volume of information and anticipated writing time. The fee for the completion of the Report must be paid in full by cheque or money order prior to the release of the Report. The cost for the release of the Report shall be shared and paid equally by both parties unless proportions are otherwise agreed to as detailed above. The signatories agree that the Assessor s account shall be paid in full prior to the release of the final Report. COURT ORDER OR PRIVATE AGREEMENT: A copy of the Order of the Court that establishes the assessment pursuant to Section 30 of the Children s Law Reform Act (CLRA), along with all other relevant orders and pleadings, shall be provided to the Assessor prior to the commencement of the assessment services. In the alternative to a Court Order, a written agreement between the parties shall be provided with such agreement detailing their acceptance of Mr. John Butt as the Assessor for the purposes of conducting an assessment of the child/ren s needs with respect to custody and/or access issues. ATTENDANCE AT COURT: Counsel shall pay Mr. John Butt, on behalf of their respective clients and in accordance with the proportions previously established, for court attendance a fee of $1, (One Thousand Five Hundred Dollars) per half-day (4 hours or portion thereof). Court time in excess of 4 (Four) hours on any given day shall be paid at a per diem rate of $2, (Two Thousand, Two Hundred Dollars). Once requested to attend Court, 8 (Eight) hours of preparation time shall be paid at a non-refundable rate of $2, (Two Thousand Two Hundred Dollars) regardless of whether the request by Counsel/either party for testimony by the Assessor is rescinded. The parties agree that a retainer of $6, (Six Thousand Six Hundred Dollars), representing $2, for preparation time and $4, for two days of testimony, shall be paid to the Assessor for court attendance in accordance with the proportions previously established and two weeks in advance of the Assessor s attendance at court. Court fees in excess of $4, (two days of court time) shall be payable each day(s) in which attendance at Court is required by an in trust or certified cheque in accordance with the full-day rate detailed above. HST and travel costs are in addition to the daily fees described. Any residual fees remaining in the account at the conclusion of testimony shall be reimbursed by the assessor in accordance with the proportional rates payable by each party. INTEREST: Overdue accounts shall accrue interest at the rate of 2% per month. Unused portions of the court retainer shall be reimbursed by the Assessor to the Counsel at the completion of services and in accordance with the proportions previously agreed to by the parties and their respective Counsel. TERMINATION OF AGREEMENT: If at any time the parents and/or their respective Counsel wish to terminate the assessment services, they may do so upon written notice 3

4 to the Assessor. At that time the Assessor shall compile a report based upon the information obtained up to the point of termination. Subject to the account being paid in full, the report shall be filed with the Court by the Assessor or, in the alternative, provided to each Counsel (if applicable). CONFLICT OF INTEREST: Any formal involvement by the Office of the Children s Lawyer in the custody and access proceedings shall constitute a conflict of interest and shall result in the immediate termination of the Assessor s services and withdrawal by the Assessor. COMMENCEMENT OF SERVICES: Services will commence upon the signing of this Retainer Agreement and the receipt by the Assessor of the above noted retainer and the receipt by the Assessor of all custody/access-related Court Orders and pleadings as described above. SIGNATORIES TO THE AGREEMENT: John A. Butt _ Mother _ Counsel for Mother Firm: _ 4

5 Father Counsel for Father Firm: INDEPENDENT LEGAL ADVICE: I (print name of party) confirm that I have received independent legal advice regarding the terms of this Retainer Agreement for custody and access assessment services provided by John A. Butt, Assessor. I have attached to this agreement a copy of the Certificate of Independent Legal Advice provided to me by Counsel under subsection 59.6(2) of the Family Law Act. (Signature of Party) I (print name of party) confirm that I have received independent legal advice regarding the terms of this Retainer Agreement for custody and access assessment services provided by John A. Butt, Assessor. I have attached to this agreement a copy of the Certificate of Independent Legal Advice provided to me by Counsel under subsection 59.6(2) of the Family Law Act. (Signature of Party) 5