On September 19, 2023 a
Order
was filed
involving a dispute between
Xxxx, Xxxxxx Xxxxx,
and
Xxxx, Xxxxxxx,
for Parent-Child - No Divorce
in the District Court of Fort Bend County.
Preview
Filed
10/12/2023 5:05 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Brette Sansom
NO. 23-DCV-308870
IN THE INTEREST OF
§ IN THE DISTRICT COURT
§
ae § 328TH JUDICIAL DISTRICT
A CHILD
§
§ FORT BEND COUNTY, TEXAS
ORDER APPOINTING AMICUS ATTORNEY
The Court finds that under section 107.021 of the Texas Family
Code, the best interest of
the child is in dispute, and after givin ig due consideration to
the ability of the parties to pay
reasonable fees to the appointee, finds that an amicus at ttorney
should be. appointed in this case.
The Court hereby appoints MIC 'HELLE R. KESTLER as
Amicus Attorney to_provide legal
services necessary to assist the Court in protecting the best
the subject of this suit.
interests of| Bthe child
The Court hereby ORDERS that any custodian of the
children shall grant Amicus
Attomey immediate access to the children and to any inform
ation relating to the children and
shall fully cooperate with Amicus Attomey.
The Court further ORDERS that the custodian o f any relevan
t records relating to the
children, 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 children
are beneficiaries, shall provide immedi: fate access to the
records to Amicus Attomey without
requiring a further order or release.
The Court further
ORDERS that the custodia in of a medical, mental health,
alcohol-treatment record of a child that is privileged or confidential under or drug- or
other law shall release
the record to Amicus Attomey without re quiring 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
teleased only as provided under applicable federal regulations.
Petitioner.and Respondent are ORDERED to si gn any and
all releases of information
relative to the children or the parties in this case, as requested
by Amicus Attomey, within seven
days of the request.
Pursuant to sections 107.003. and 107.005 of the T exas Family Code,
Amicus Attorney is
ORDERED to perform the followin; g duties in this case with regard
to each child the subject of
this suit:
1 subject to rules 4.02, 4.03 and 4.04 of the Texas Discip
linary
Professional Conduct, and within a reasonable time after the Rules of
appointment, interview--
a. the child in a developmentally appropriate manner, if the
child is four
years of age or older;
Agreed Order Appointing Amicus Attomey -
Andel 11.2022
10/13/2023 BS
ROUTED TO COUR
QC 10/17/23 DC
RT'DTOD.CLERK 10/16/23 AM
db. each person. who has significant knowledge of the child's history
and
condition, including any foster parent of the child: and
Cc. 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 formulatin, ig Amicus Attorney's present
ation of
the child's expressed objectives to the court;
4 investigate the facts of the case to the extent Amicus Attomey considers
appropriate, including conducting discovery;
5 obtain and review copies of relevant records relati ing to the child
as provided by
section 107.006 of the Texas Family Code;
6. participate in the conduct of the litigation to the same extent as an
attomey for a
party;
7. take any action consistent with the child's interests. that Amicus Attorney
considers necessary to expedite the proceedings:
8 encourage settlement and the use of alternative forms of dispute resolution;
9 advocate the best interests of the child after reviewing the facts and
circumstances
of the case;
10. review and sign, or decline to sign, a proposed or agreed order affecting
the child;
11. become familiar with the American Bar Association’
's standards of practice for
attomey’s who represent children in custody cases;
12. in a developmentally appropriate manner-
a. with the consent of the child, ensure that the child's expressed objectiv
es
of representation are made known to the Court;
explain the role of the Amicus Attorney to the child; and
inform the child that Amicus Attomey may use information that the
child
provides in providing assistance to the Coutt; and
13. protect the confidentiality of all records provided to Amicus Attome
y under this
order and not disclose any such records except as provided by further order
of the Court or other
Agreed Order Appointing Amicus Atomey 2
Andel 11.2022
law.
Amicus Attorney has all the rights and privileges as contai
ned in chapter 107 of the
Texas.Family Code, including the rights to-
1 request clarification from the-court if the role of Amicus Attorney is
ambiguous;
2 request a hearing or trial on the merits;
3 conduct discovery;
4 consent or refuse to consent to an interview of the child by another
attorney;
5. receive a copy of each pleading or other paper filed with the Court
in the case in
which
Amicus Attomey is appointed;
6. receive notice of each hearing in the case;
7 participate in case staffings by the Department of Family and
Protective Services
concerning the child; and
8 attend all legal proceedings in the case.
Amicus Attorney is prohibited fiom disclosing confidential
communications between
Amicus Attorney and the child unless Amicus Attorney determ
ines that disclosure is necessary
to assist the Court regarding the best interests of the child,
The Court hereby finds that Amicus Attomey is entitled to reason
able fees,
costs, and
expenses to be paid by the parties as follows: Petitioner i is ORDERED
to pay 50 percent and
Respondent is ORDERED to pay 50 percent. The Court hereby ORDERS
MART IN xxxx,
Petitioner,. to deposit the sum of two thousand five hundred d lollars
($2,500.00) with Amicus
Attorney no later than 5:00 P.M. 5 day ys following the signing of this
order. The Court hereby
ORDERS xxxxxxx xxxx, Respon dent to deposit the sum
of two thousand fi ive hundred
dollars ($2,500.00) with Amicus Attomey, by paying the sum of
$500.00 on or before October
15" and a minimum payment of $500.00 on the 15" day of each month
until the total sum of
$2,500.00 is paid in full. The Court reserve: s the right to order additional cost deposits
before trial
as necessary.
SIGNED on 10/13/2023
VW aniont pola
JUDGRPRESIDING
Agroed Order Appointing Amicus Attomey
Andel 11.2022
AGREED AS TO FORM
DIGGS & SADLER
5300 Memorial Drive, Suite 900
Houston, Texas 77007
Tel: (713) 802-1777
Fax: (713) 802-1779
wen)
ee
ki, Doucet -
KAYaerons
State Bar No. 24105:
sdromgoole@texasadvocates.com
Attorney for xxxxxx xxxx
OCS
THE EATON LAW FIRM, LLC
1105 Yale.
Houston, Texas 77008
Tel: 281-969-4860
Fax: 281-941-5178
By. ‘of ZacheryG. Sanders
ZACHARY G. SANDERS
State Bar No. 24118522
atonfamilylawgroup@gmail.com
Attorney for xxxxxxx xxxx
VAN SLYKE & KESTLER LAW FIRM
500 Morton Street
Richmond, Texa 77469
Tel: (281 42-6148
Fax: (28 f) 232-5712
Jf
\7
MICHELLE KESTLER
State Bar No. 24095121
vanslyke@lawoffice6148.com
Amicus Attomey
Agreed Order Appointing Amicus Attomey
Andel [4.2022
Document Filed Date
October 13, 2023
Case Filing Date
September 19, 2023
Category
Parent-Child - No Divorce
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Preview
Filed 10/12/2023 5:05 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Brette Sansom NO. 23-DCV-308870 IN THE INTEREST OF § IN THE DISTRICT COURT § ae § 328TH JUDICIAL DISTRICT A CHILD § § FORT BEND COUNTY, TEXAS ORDER APPOINTING AMICUS ATTORNEY The Court finds that under section 107.021 of the Texas Family Code, the best interest of the child is in dispute, and after givin ig due consideration to the ability of the parties to pay reasonable fees to the appointee, finds that an amicus at ttorney should be. appointed in this case. The Court hereby appoints MIC 'HELLE R. KESTLER as Amicus Attorney to_provide legal services necessary to assist the Court in protecting the best the subject of this suit. interests of| Bthe child The Court hereby ORDERS that any custodian of the children shall grant Amicus Attomey immediate access to the children and to any inform ation relating to the children and shall fully cooperate with Amicus Attomey. The Court further ORDERS that the custodian o f any relevan t records relating to the children, 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 children are beneficiaries, shall provide immedi: fate access to the records to Amicus Attomey without requiring a further order or release. The Court further ORDERS that the custodia in of a medical, mental health, alcohol-treatment record of a child that is privileged or confidential under or drug- or other law shall release the record to Amicus Attomey without re quiring 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 teleased only as provided under applicable federal regulations. Petitioner.and Respondent are ORDERED to si gn any and all releases of information relative to the children or the parties in this case, as requested by Amicus Attomey, within seven days of the request. Pursuant to sections 107.003. and 107.005 of the T exas Family Code, Amicus Attorney is ORDERED to perform the followin; g duties in this case with regard to each child the subject of this suit: 1 subject to rules 4.02, 4.03 and 4.04 of the Texas Discip linary Professional Conduct, and within a reasonable time after the Rules of appointment, interview-- a. the child in a developmentally appropriate manner, if the child is four years of age or older; Agreed Order Appointing Amicus Attomey - Andel 11.2022 10/13/2023 BS ROUTED TO COUR QC 10/17/23 DC RT'DTOD.CLERK 10/16/23 AM db. each person. who has significant knowledge of the child's history and condition, including any foster parent of the child: and Cc. 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 formulatin, ig Amicus Attorney's present ation of the child's expressed objectives to the court; 4 investigate the facts of the case to the extent Amicus Attomey considers appropriate, including conducting discovery; 5 obtain and review copies of relevant records relati ing to the child as provided by section 107.006 of the Texas Family Code; 6. participate in the conduct of the litigation to the same extent as an attomey for a party; 7. take any action consistent with the child's interests. that Amicus Attorney considers necessary to expedite the proceedings: 8 encourage settlement and the use of alternative forms of dispute resolution; 9 advocate the best interests of the child after reviewing the facts and circumstances of the case; 10. review and sign, or decline to sign, a proposed or agreed order affecting the child; 11. become familiar with the American Bar Association’ 's standards of practice for attomey’s who represent children in custody cases; 12. in a developmentally appropriate manner- a. with the consent of the child, ensure that the child's expressed objectiv es of representation are made known to the Court; explain the role of the Amicus Attorney to the child; and inform the child that Amicus Attomey may use information that the child provides in providing assistance to the Coutt; and 13. protect the confidentiality of all records provided to Amicus Attome y under this order and not disclose any such records except as provided by further order of the Court or other Agreed Order Appointing Amicus Atomey 2 Andel 11.2022 law. Amicus Attorney has all the rights and privileges as contai ned in chapter 107 of the Texas.Family Code, including the rights to- 1 request clarification from the-court if the role of Amicus Attorney is ambiguous; 2 request a hearing or trial on the merits; 3 conduct discovery; 4 consent or refuse to consent to an interview of the child by another attorney; 5. receive a copy of each pleading or other paper filed with the Court in the case in which Amicus Attomey is appointed; 6. receive notice of each hearing in the case; 7 participate in case staffings by the Department of Family and Protective Services concerning the child; and 8 attend all legal proceedings in the case. Amicus Attorney is prohibited fiom disclosing confidential communications between Amicus Attorney and the child unless Amicus Attorney determ ines that disclosure is necessary to assist the Court regarding the best interests of the child, The Court hereby finds that Amicus Attomey is entitled to reason able fees, costs, and expenses to be paid by the parties as follows: Petitioner i is ORDERED to pay 50 percent and Respondent is ORDERED to pay 50 percent. The Court hereby ORDERS MART IN xxxx, Petitioner,. to deposit the sum of two thousand five hundred d lollars ($2,500.00) with Amicus Attorney no later than 5:00 P.M. 5 day ys following the signing of this order. The Court hereby ORDERS xxxxxxx xxxx, Respon dent to deposit the sum of two thousand fi ive hundred dollars ($2,500.00) with Amicus Attomey, by paying the sum of $500.00 on or before October 15" and a minimum payment of $500.00 on the 15" day of each month until the total sum of $2,500.00 is paid in full. The Court reserve: s the right to order additional cost deposits before trial as necessary. SIGNED on 10/13/2023 VW aniont pola JUDGRPRESIDING Agroed Order Appointing Amicus Attomey Andel 11.2022 AGREED AS TO FORM DIGGS & SADLER 5300 Memorial Drive, Suite 900 Houston, Texas 77007 Tel: (713) 802-1777 Fax: (713) 802-1779 wen) ee ki, Doucet - KAYaerons State Bar No. 24105: sdromgoole@texasadvocates.com Attorney for xxxxxx xxxx OCS THE EATON LAW FIRM, LLC 1105 Yale. Houston, Texas 77008 Tel: 281-969-4860 Fax: 281-941-5178 By. ‘of ZacheryG. Sanders ZACHARY G. SANDERS State Bar No. 24118522 atonfamilylawgroup@gmail.com Attorney for xxxxxxx xxxx VAN SLYKE & KESTLER LAW FIRM 500 Morton Street Richmond, Texa 77469 Tel: (281 42-6148 Fax: (28 f) 232-5712 Jf \7 MICHELLE KESTLER State Bar No. 24095121 vanslyke@lawoffice6148.com Amicus Attomey Agreed Order Appointing Amicus Attomey Andel [4.2022