Voice of the Childretainer Agreement

Voice of the Child Agreement-NOV17

VOICE OF THE CHILDRETAINER AGREEMENT

Between:

John A. Butt, B.A., M.Sc., Reg’d MFT

Voice of the Child Interviewer (hereinafter known as the “Interviewer”)

And

Party 1:

Address:

Counsel:

And

Party 2:

Address:

Counsel:

In the matter of:

Court of Jurisdiction:

Court File No.:

Child(ren): Name and Date of Birth

PURPOSE OF RETAINER:

The Parties and their respective counsel (if applicable) acknowledge the retainer of Mr. John A. Butt for the purpose of interviewing their child/children and providing a Voice of the Child Report as described below (hereinafter known as the “VOC”).

ACKNOWLEDGEMENT OF THE PROFESSIONAL DESIGNATION OF THE INTERVIEWER AND THE SCOPE OF SERVICES BEING PROVIDED:

The parties acknowledge and understand that:

John A. Butt is a Registered Marriage and Family Therapist and is on the Canadian Registry of Marriage and Family Therapists. He is a Clinical Fellow in good standing with the American Association for Marriage and Family Therapy and its Division, the Ontario Association for Marriage and Family Therapy.

The parties further acknowledge and understand that in his role as the Interviewer:

John A. Butt is not a member of the College of Registered Psychotherapists of Ontario.

As defined in the Ontario Psychotherapy Act, 2007, John A. Butt in his role as the Interviewer is not acting as a Registered Psychotherapist.

As defined in the Ontario Psychotherapy Act, 2007, John A. Butt in his role as the Interviewer is not performing services that constitute the profession of psychotherapy.

As defined in the Ontario Psychotherapy Act, 2007, the scope of practice of the Voice of the Child Report services provided by John A. Butt do not constitute the practice of psychotherapy.

DEFINITIONS:

Money Retainers: An amount of money, as set out below, that is paid on account or deposit as security for payment to the Interviewer for fees and disbursements accrued over the course of the VOC process. Such retainers shall be paid in full to the Interviewer by the parties directly, or by their respective Counsel (if applicable) on behalf of their clients, in proportions agreed to between the parties and their Counsel.

Rate of Fees:The production and completion of the Voice of the Child Report for one (1) child isprojected to be One Thousand Dollars ($1,000.00) plus HST for a total of One Thousand, One Hundred and Thirty dollars ($1,130.00). Each additional child involved shall incur aprojected surcharge of Five Hundred Dollars ($500.00) per child plus HST, for a total of Five Hundred and Sixty-Five Dollars ($565.00).

In addition to any disbursements noted below, additional costs may be incurred at an hourly rate of Two Hundred and Seventy-Five Dollars ($275.00) depending upon such things as the complexities of the family circumstances, the child/children’s cognitive functioning and emotional presentation, and/or the interview process. Any such additional charges shall begin to accrue after the first Two (2) interview hours per child.

Disbursements: In addition to the above noted fees, costs incurred by the Interviewer over the course of conducting the VOC shall be applied against the retainers. Such costs shall include but not be limited to: Travel Time (outside of Brantford) at the hourly rate of $150.00 (One Hundred & Fifty Dollars); Kilometre Charge (outside of Brantford) at the rate of $0.54 (Fifty-Four) cents per kilometre; substantive Long Distance phone calls at the rate of $0.10 (Ten) cents per minute; substantive Photocopies and Fax Pages at the rate of $0.10 (Ten) cents per page.

DESCRIPTION OF THE VOC REPORT PROCESS

The VOC report is a procedure in which, upon consent of the undersigned parties, the identified child or children as listed above are interviewed by the Interviewer, John Butt. The purpose of such interviews is to ascertain the child or children’s views and preferences in relation to the child custody and/or access dispute between the parties, and ascertain the context in which those views and preferences have been formed.

The child or children shall be interviewed on 2 separate occasions as brought to the interview by the respective parties. The Interviewer retains the right to determine if additional interviews are required at additional cost, in which case the parties and their Counsel shall be notified accordingly.

The Interviewer further retains the right to determine if the child or children should not be brought in for an interview by one of the parties, in which case the parties and their Counsel shall be notified accordingly.

At the completion of the interviews, the notes made by the Interviewer shall be reviewed verbatim with the child or children involved. The child or children involved shall have the right to exclude any portions of the notes from being included in the VOC Report, and the Interviewer shall abide by any such direction given by the child or children.

Upon completion of the interviews, the Interviewer shall prepare the VOC written report that summarizes the information obtained from the child or children and approved for inclusion as noted above. The VOC Report shall be released directly to Counsel or Self-Represented parties.

INITIAL MONEY RETAINER:

The parties agree that the Retainer for the projected cost of the VOC shall be paid in full prior to the commencement of the VOC Report process.

COURT ORDER OR PRIVATE AGREEMENT:

A copy of the Order of the Court that establishes the request by the Court for the Voice of the Child Report shall be provided to the Interviewer in advance of the VOC being conducted. 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 Interviewer for the purposes of conducting the VOC Report.

The specific area(s) of inquiry to be considered in the VOC shall be stipulated in the Court Order or private agreement.

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 $1,500.00 (One Thousand Five Hundred Dollars) per half-day (4 hours or portion thereof) plus HST for a total of $1,695.00. Court time in excess of 4 (Four) hours on any given day shall be paid at a per diem rate of $2,200.00 (Two Thousand, Two Hundred Dollars) plus HST for a total of $2,486.00 per day.

Once requested to attend Court, 2 (Two) hours of preparation time shall be paid at a non-refundablerate of $550.00 (Five Hundred and FiftyDollars) plus HST for a total of $621.50,regardless of whether the request by Counsel/either party for testimony by the Interviewer is rescinded.

The parties agree that a retainer of $2,750.00 plus HST for a total of $3,107.50 (Three Thousand One Hundred and SevenDollars and Fifty Cents), representing $550.00 for preparation time and $2,200.00 for one day of testimony, shall be paid to the Interviewer for court attendance in accordance with the proportions previously established and two weeks in advance of the Interviewer’s attendance at court. Court fees in excess of $2,750.00 (preparation and one dayof 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 Interviewer in accordance with the proportional rates payable by each party.

INTEREST:

Overdue accounts shall accrue interest at the rate of 2% per month.

TERMINATION OF AGREEMENT:

If at any time the parents and/or their respective Counsel wish to terminate the VOC services, they may do so upon written notice to the Interviewer. At that time the Interviewer shall compile a report based upon the information obtained up to the point of termination. Subject to the account being paid in full the VOC Report shall be provided to each Counsel/party.

CONFLICT OF INTEREST:

Any formal involvement by the Office of the Children’s Lawyer in the proceedings shall constitute an immediate conflict of interest and shall result in the immediate termination of the Interviewer’s services and withdrawal by the Interviewer.

RELEASE and RESTRAINTS:The undersigned (Party/Parties to this Agreement) agrees not to make claim or take proceedings against either John Butt or any other person or corporation who might claim contribution or indemnity from the Releasee (John Butt) under the provisions of any statute or otherwise. In the event the undersigned does make a claim or take proceedings against the Releasee (John Butt) or a party who, in turn, claims contribution or indemnity from the Releasee (John Butt), the undersigned shall forthwith fully indemnify the Releasee (John Butt) for any damages, interest or complete indemnity legal costs incurred in defending such claim or proceeding; and this Release may be pleaded and relied upon in any summary judgment motion or application against the undersigned to recover any such loss incurred by the Releasee (John Butt).

Such release and indemnification does not negate the rights of any governing professional body or association of which the Releasee (John Butt) is a Member to perform its duties and responsibilities. However, the undersigned (Party/Parties to this Agreement) shall be and are hereby restrained and enjoined from making any complaints concerning John Butt, and the VOC Report John Butt is directed to prepare, to his or her governing body, to consumer protection bureaus, and to any other similar organization without leave of the Court until such time as the claims in dispute in this matter have been resolved and all potential appeals and appeal periods have been exhausted.

COMMENCEMENT OF SERVICES:

Services will commence upon the signing of this Retainer Agreement and the receipt by the Interviewer of the above noted retainer. Upon completion of the VOC process, any additional expenditures shall be paid in full prior to the release of the final VOC document.

SIGNATORIES TO THE AGREEMENT:

______

John A. Butt, B.A., M.Sc., Reg’d MFTDate

______

Applicant/Party 1Date

Name:

______

Counsel Date

Name:

Firm:

______

Respondent/Party 2Date

Name:

______

CounselDate

Name:

Firm:

INDEPENDENT LEGAL ADVICE:

Party 1: Confirmation of the receipt of Independent Legal Advice

I ______(print name of party) confirm that I have received independent legal advice regarding the terms of this Retainer Agreement for VOC services provided by John A. Butt, Interviewer. 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.

______Date: ______

(Signature of Party)

Party 1: Confirmation by Counsel of the provision of Independent Legal Advice

I ______(name of Counsel) confirm and certify that I provided

______withIndependent Legal Adviceon the terms of this VOC Retainer Agreement as required under subsection 59.6 of the Family Law Act.

______Date: ______

Signature of Counsel

Party 2: Confirmation of the receipt of Independent Legal Advice

______Date: ______

(Signature of Party)

Party 2: Confirmation by Counsel of the provision of Independent Legal Advice

I ______(name of Counsel) confirm and certify that I provided

______with Independent Legal Adviceon the terms of this VOC Retainer Agreement as required under subsection 59.6 of the Family Law Act.

______Date: ______

Signature of Counsel

Initials of Parties: