On June 23, 2015 a
Order
was filed
involving a dispute between
Brewer, Robert Louis, Jr.,
and
Wells, Vashti Savannah,
for Post Judgment Action Modification Custody
in the District Court of Montgomery County.
Preview
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
NO. 15-06-06423
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
ROBERT LOUIS BREWER, JR.
AND 418 JUDICIAL DISTRICT
VASHTI SAVANNA BREWER
AND IN THE INTEREST OF
ROBERT LEWIS BREWER, IH, A § HARRIS COUNTY, TEXAS
CHILD §
ORDER APPOINTING AMICUS ATTORNEY
The Court considered the Motion for Appointment of Amicus Attorney of Robert Louis
Brewer, Jr. and appoints Laurie Watson a licensed attorney at law of this state, Amicus Attorney
to provide legal services necessary to assist the Court in protecting the best interests of the child
the subject of this suit.
The Court hereby ORDERS that any custodian of the child shall grant Amicus
Attorney immediate access to the child and to any information relating to the child and shall fully
cooperate with Amicus Attorney.
‘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
beneficiaries, shall provide immediate access to the records to Amicus Attorney without
requiring a further order or release.
The Court further ORDERS that the custodian ofa 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 to perform the following duties in this case with regard to the child the
subject of this suit
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;
each person who has significant knowledge of the child's history and
condition, including any foster parent of the child; and
©. 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 the
child's expressed objectives to the court;
4 investigate the facts of the case to the extent Amicus Attorney considers appropriate,
including conducting discovery;
5 obtain and review copies of relevant records relating 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 attorney
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:
1. become familiar with the American Bar Association's standards of practice
for attorneys who represent child in custody cases;
12. In a developmentally appropriate manner
with the consent of the child, ensure that the child's expressed objectives
of representation are made known to the Court:
explain the role of the Amicus Attorney to the child; and
inform the child that Amicus Attorney may use information that the
child provides in providing assistance to the Court.
Amicus Attorney has all the rights and privileges as contained 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:
4
5 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 Attorney is appointed;
6. receive notice of each hearing in the case;
7 participate in case staffing by an authorized agency concerning the child;
and
8 attend all legal proceedings in the case.
Amicus Attorney is prohibited from disclosing confidential communications between
Amicus Attorney and the child unless Amicus Attorney determines that disclosure is necessary
to assist the Court regarding the best interests of the child.
The Court hereby finds that Amicus Attorney is entitled to reasonable fees and expenses
to be paid by the parties as follows: 100% of fees to be paid by Petitioner. The Court hereby
ORDERS Robert Louis Brewer, Jr., Petitioner to deposit the sum of $3000.00 with Amicus
Attorney no later than 5:00 P.M 3 days following the signing of this order. The Court further
ORDERS Robert Louis Brewer, Jr., Petitioner to deposit the sum of $2000.00 with Amicus
Attorney no later than 5:00 P.M 30 days following the signing of this order. The Court reserves
the right to order additional cost deposits before trial as necessary.
SIGNED on
A
JUDGE PRESIDING
APPROVED AS TO FORM ONLY:
The Bayley Law Firm
3730 Kirby Suite 1200
Houston, TX 77098
Tel: (713) 383-8887
Fax: (832) 415-0385
By:/s! Andrew Bayley
Andrew Bayley
Attorney for Petitioner
State Bar No. 24071501
Andrew@BayleyLawfirm.com
John K. Grubb & Associates, P.C.
4550 Post Oak Place, Suite 201
Houston, TX 77027
Tel: (713) 877-8800
Fax: (713) 877-1229
By:
John K,
Attorn, ‘or Respondent
State Bar No. 08553500
Johnkgrubb@grubblegal.com
Laurie Marburger, PC
220 N. Thompson, Suite 103
Conroe, TX 77301
Tel: (936) 756-5400
Fax: (936) 756-5410
By:
Laura Marburger Watson
Amicus Attorney
State Bar Number 24044586
Laura@marburgerlaw.com
Document Filed Date
September 08, 2015
Case Filing Date
June 23, 2015
Category
Post Judgment Action Modification Custody
Status
Pending - Inactive
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