CD, Section Vc: Contract and Fee Agreement – Child Expert
page
SECTION
1
Vc
Contract and Fee Agreement – Child Expert
Consultation Agreement: Child Expert
This document is similar to the contract for child custody evaluators, but is more
general in scope. The contract refers to an agreement made with both parents to assist
them by providing consultation about the psychological needs of the children during the
family transition. Simply insert your own professional information as needed.
CD, Section Vc: Contract and Fee Agreement – Child Expert
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CONSULTATION AGREEMENT: CHILD EXPERT
[Name and contact information for consultant]
CONSULTATION AGREEMENT – Child Expert to assist in mediation or
collaborative law
Parents:
[Name: parent #1]
[Name: parent #2]
You have asked me to consult with you and your mediator about your divorce and child
custody arrangements. What follows is a brief description of important aspects of the
consultation.
This description also constitutes an agreement between you and [Name and credential
of consultant] (“the consultant”) as to the terms under which [Name & title of consultant]
will provide you with consulting services.
What is the general procedure?

In order to assist in your divorce, I first need to obtain information about you and
your family. I will meet with each of you separately at least once, and will also
interview the children alone and observe them with each of you. The adult
interviews commonly cover personal, marital, and parenting history. The child
interviews are designed to assess the children’s general adjustment as well as
their understanding and feelings about your family transition.

At your request, I may also talk to relevant professionals with whom you or the
children have been involved, as well as to a selection of other people whom you
name (e.g., pediatrician, child psychotherapist, day care teachers, or couples
therapist). I would need written permission in the form of releases of information
from both of you to talk to the professionals who have worked with you and your
children. These steps would provide additional information to assist me in defining
and answering the relevant questions in your case in preparation for making
recommendations for consideration by you and your mediator.

Once I have obtained sufficient information about your situation and family, I will
meet with both of you together to discuss your options and what would be best for
the children. If you would like, we could also have a four-way meeting with your
mediator to discuss how best to proceed with your child custody arrangements.
CD, Section Vc: Contract and Fee Agreement – Child Expert
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What legal rules apply?

In our work together, confidentiality will apply because our professional relationship
will be that between a clinical psychologist [psychiatrist, social worker] and her
patient. This means that all the information I gather in individual meetings and all my
communications regarding your case will not be released to any third party without
your written consent. The protection of your privacy will follow the laws pertaining to
the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

However, as a mandated reported I am bound by law to inform appropriate
authorities (e.g. DSS) if I have a reasonable basis to believe that the children are
suffering or in danger of suffering some form of abuse or neglect; or if appropriate I
may arrange for you or another professional to make such a report.
What does the consultation cost and how are you to pay?

You are jointly responsible for paying for this consultation. I expect to spend the
following time on your consultation:
 Individual parent interviews:
0.0 hours
 Separate child interview
0.0 hours
 Observation of child with each parent
0.0 hours
 Joint parent meetings
0.0 hours
Total estimated time
0.0 hours

I usually collect a retainer for the estimated hours, at my current consultation fee of
$xxx.xx/hour; or $x,xxx in your case. If the initial retainer is exhausted, I will ask for
another retainer.

At the end of the consultation, I will provide you with an itemized statement outlining
my services. If the consultation costs exceed the total retainers that you paid, I will
bill you for the balance. However, if the costs are less than the retainers paid, I will
reimburse you the credit balance.

If you terminate the consultation before its completion, you will receive the unused
balance of the retainer, after a deduction of expenses.

As part of the cost of the consultation I will bill for all expenses in 15-minute
increments at the hourly rate, including but not limited to: telephone calls; document
reading; in-person interviews; correspondence by regular mail, Email and facsimile;
test material or scoring costs; travel time (and any significant travel expense);
conferences with attorneys; and report writing.

If you miss an appointment without 24-hour notice, you will be billed for it at the
above rate for the time that I set aside for the meeting.

Unpaid balances will be charged a monthly interest rate of 18%, and may be subject
to legal action or collection agencies.
CD, Section Vc: Contract and Fee Agreement – Child Expert
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Depositions and court testimony

My consultation is designed to assist you in planning your child custody
arrangements in a manner that serves the best interests of the children and avoids
the financial and emotional costs of litigation. Consequently, I do not anticipate
needing to be deposed or testify in court.

Because my individual meetings with each of you and with the children are covered
by the HIPAA rules for privacy of health care records, both of you would have to sign
Release of Information forms before I could participate in any court proceedings.
**********************************************************************************************
Our signatures below attest to the fact that we have read the above document and that
we understand the nature of the consultation, its procedures, the time and costs
involved, and the application of confidentiality. We understand that we will have an
opportunity to ask questions at any time during the consultation process. We are aware
that we are required to pay for the total costs of the consultation and that [Name of
consultant] will provide us each with an itemized statement at the conclusion of the
work.
Signed: Parent #1 _____________________________________________________
Date:_______________________________________________________________
Printed Name:________________________________________________________
Signed: Parent #1 _____________________________________________________
Date:_______________________________________________________________
Printed Name:________________________________________________________
Signed:_____________________________________________________________
[Name and credential of consultant]
Name of practice
Credentialing information
Date:_______________________________________________________________