CD, Section Vd: Contract and Fee Agreement -- Consultation
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SECTION
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Vd
Contract and Fee Agreement: Consultation
This document is for use when one parent seeks the help of a consultant with a
divorce or separation. The wording is designed to underscore the consultant’s
responsibility to attend to the best interests of the child(ren) rather than merely to the
interests and perspective of the hiring parent. Simply insert your own professional
information as needed.
CD, Section Vd: Contract and Fee Agreement -- Consultation
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CONSULTATION AGREEMENT
[Name and contact information for consultant]
CONSULTATION AGREEMENT: Divorce and/or Custody dispute
You have asked me to consult with you about your divorce and/or child custody dispute.
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 of consultant] will
provide you with consulting services.
What is the general procedure?

In order to assist in your divorce and/or custody dispute, I first need to obtain
information about you and your family. I will meet with you separately at least
once, and may also conduct interviews with your minor child(ren), observations
of you and your child(ren), and when appropriate, a home visit, usually with your
children. The interviews commonly cover personal, marital, and parenting
history. If possible and necessary, I may also interview the other parent/party in
the divorce and/or custody dispute. I will obtain your consent before conducting
any such interviews of family members. Since I am not a court-appointed
evaluator in your case, I cannot interview the other parent if they do not wish for
me to do so. If you do not have sole legal custody of the child(ren), I will also be
unable to interview the child(ren) without the consent of the other parent.

I may also need to talk to relevant professionals with whom you or your child(ren)
have been involved, as well as to a selection of other people whom you name.
This permits the collection of additional information about you and your family. I
would need written permission in the form of releases of information to talk to the
professionals who have worked with you and your child(ren); if you do not have
sole legal custody, I would also need the permission of the other parent to talk
with the professionals involved with the children. When necessary, you may also
need to give permission to allow me to review your own criminal or psychiatric
records. These steps are designed to assist me in defining and answering the
relevant questions in your case in preparation for making any recommendations.

Once I have obtained sufficient information about your situation and family, I will
meet with you to discuss your options and what would be best for the child(ren).
If you wish I will also talk with your attorney, and we could have a three-way
meeting with myself, you, and your attorney to discuss how best to proceed.
CD, Section Vd: Contract and Fee Agreement -- Consultation
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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 [or psychiatrist or social worker] and her
patient. This means that all the information I gather 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 your child(ren) 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 responsible for paying for this consultation. After you and I have met once,
we will agree on the scope of the consultation. Then you will be responsible for
paying a retainer for the estimated hours of consultation (including the initial
meeting) at my current consultation fee of $xxx.xx/hour. Although individual
circumstances will determine how many hours of consultation are required, the
minimum initial retainer is usually $x,xxx.xx. 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 Vd: Contract and Fee Agreement -- Consultation
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What if you wish to depose the consultant or have the consultant testify?

My consultation is designed to assist you in settling your divorce or custody dispute
without going to court.

If you (or your attorney) do call me for a deposition or for expert testimony at trial,
you will be responsible to compensate me for this time through a $x,xxx.xx retainer
paid at least a week in advance. This retainer shall cover all services related to my
deposition or court appearance billed at the hourly rate of $xxx.xx, including but not
limited to the following: telephone calls; correspondence whether by regular mail,
Email, or facsimile; document review; conferences with attorneys; travel; deposition
time; court wait time and testimony time. If the fees are more than the retainer, you
will be billed for the additional amount. If the fees are less than the retainer, you will
be reimbursed the difference.
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My signature below attests to the fact that I have read the above document and that I
understand the nature of the consultation, its procedures, the time and costs involved,
and the application of confidentiality. I understand that I will have an opportunity to ask
questions at any time during the consultation process. I am aware that I am required to
pay for the total costs of the consultation and that [name of consultant] will provide me
with an itemized statement at the conclusion of the work.
Signed:_____________________________________________________
Date:_______________________________________________________
Printed Name:________________________________________________
Relationship to Minor Child(ren):__________________________________
Signed:______________________________________________________
[Name and credential of consultant]
[Name of practice]
[Credentialing information
Date:_________________________________________________________