Fill - Free fillable APPOINTMENT Section 730 and California Rule of Court (Superior Court of California

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Case Name: Case Number:

APPOINTMENT

1. is appointed the court's expert, pursuant to Evidence Code

Section 730 and California Rule of Court 5.220 for the purpose of conducting a

custody evaluation in this proceeding. The address and telephone number of the

evaluator is:

SCOPE OF EVALUATION

2. The evaluator will investigate and advise the Court as to the health, safety, welfare

and best interests of the parties' child(ren) in connection with the disputed custody

and visitation issues in this matter.

This will be a full evaluation, investigation and assessment, intended to provide

the Court with a comprehensive examination of the health, safety, welfare and

best interests of the child(ren). The major issues to be addressed in the

evaluation are:

Or,

This will be a Brief Focused Assessment (BFA), investigation and assessment.

See Attachment A for specific issues to be addressed by BFA.

3. The evaluator will make recommendations based on what he or she perceives to be

in the best interests of the child(ren); what is necessary to promote the

development, emotional adjustment and psychological well being of the child(ren).

4. The evaluator has quasi-judicial immunity.

EVALUATOR’S OBLIGATIONS

5. Except as limited by the court’s order for a Brief Focused Assessment, the evaluator

will use data and information that will allow the evaluator to observe and consider

each party in comparable ways and to substantiate (from multiple sources when

possible) interpretations and conclusions regarding:

a. each child’s developmental needs;

b. the quality of attachment to each parent and that parent’s social environment;

c. the child’s reactions to the separation, divorce or parental conflict.

6. This process may include, but is not limited to:

a. reviewing pertinent documents related to custody, including local police records;

b. observing parent-child interaction unless contraindicated to protect the best

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interest of the child;

c. interviewing parents together, individually or both together and individually unless

it is contraindicated, to assess each parent’s:

(i) capacity for setting age-appropriate limits and for understanding and

responding to the child’s needs;

(ii) history of involvement in caring for the child;

(iii) methods for working toward resolution of the child custody conflict;

(iv) history of child abuse, domestic violence, substance abuse, and

psychiatric illness; and

(v) psychological and social functioning

d. conducting age-appropriate interviews;

e. observing the child(ren) with each parent, stepparent, siblings, and step and half

siblings together, separately or in whatever way the evaluator thinks best to

accomplish the goal of the evaluation;

f. collecting relevant corroborating information or documents as permitted by law;

g. consulting with other experts for the purposes of obtaining feedback, case review

or to obtain access to specific expertise. Any consultant used by the evaluator is

bound to maintain confidentiality regarding the information learned;

h. providing the child(ren) with an age appropriate explanation of the evaluation

process, and advising them that statements made by them to the evaluator may

not be confidential: that it is possible that their parents may be informed of their

statements.

PARTIES’ COOPERATION WITH EVALUATOR

7. The court orders the parties to follow all requests made of them by the evaluator so

that the evaluator can conduct the evaluation, as required by law. Each party is

required to complete any tasks required of him or her by the evaluator in a timely

manner, as the evaluator may indicate. Specifically, each party shall:

a. contact the evaluator named above within ten (10) court days of this order being

filed with the court, to set an initial appointment time, to pay the evaluator’s fees,

and to sign any papers required of the evaluator to begin the custody evaluation

process. Both parties will make the scheduling of appointments with the

evaluator a priority and will set appointments with the evaluator on a time

schedule requested by the evaluator.

b. participate in such testing and interviews as directed by the evaluator;

c. participate in psychological testing with whomever the evaluator recommends;

d. participate in an assessment by an independent specialist such as a substance

abuse specialist, a neuropsychologist or other specialist as recommended by the

evaluator;

e. allow the evaluator the ability to interview members of the immediate and/or

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extended family of both parents at the evaluator’s sole discretion;

f. allow the evaluator the ability to interview any and all other persons whom the

evaluator deems to have information relevant to the scope of the evaluation;

g. allow the evaluator the ability to interview any service providers who have

worked, or had a relationship with, either of the parents or the child;

h. determine the protocol of all interviews and sessions to be conducted by the

evaluator;

i. sign any and all releases for records and information requested by the evaluator

so that the evaluator has access to all information relevant to the scope of the

evaluation, such as documents and information from outside sources, including,

but not limited to: psychiatrists, mediators, psychologists, social workers,

teachers and school personnel, physicians, police departments, hospitals and

child protection workers. This includes past records as well as reports from

professionals who may be involved with any of the parties at the time of litigation,

and includes records and information regarding both parties, as well as their

child(ren).

8. The parties are ordered to provide the evaluator copies of all pleadings, orders and

correspondence that relate to the issues being evaluated, including any document

requested by the evaluator. The parties may submit a list of people that they believe

should be interviewed by the evaluator. The evaluator may, or may not, interview

any of the people suggested by the parties, at his or her sole discretion. Any

communications or documents provided to the evaluator must also be provided

simultaneously to the opposing party.

PARTIES’ RESPONSIBILITY FOR EVALUATOR FEES

9. The court orders the parties to pay the evaluator’s fees and costs as follows, unless

there is a subsequent explicit order to the contrary:

will pay % of the evaluator's fees and

expenses, including the advance deposit and will

y % of the evaluator's fees and expenses, including the advance

deposit. The deposit will be paid by the parties prior to the onset of the

evaluation.

Case Name: Case Number:

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Or,

The court shall pay the fees and costs associated with this custody evaluation

in an amount not to exceed $

The parties are ordered to

reimburse the court, as follows:

will pay $ on the 1

day of each month

until a total of $ has been paid.

will pay $ on the 1

day of each month

until a total of $ has been paid.

Payments must be made payable to the San Francisco Superior Court and

mailed to 400 McAllister Street, Suite 402, San Francisco, CA 94102 ATTN:

Custody evaluation fees. The check or money order must have the case name

and number and the words “custody evaluation fees” written on the check or

money order.

10. Each parent must sign any fee agreement required by the evaluator.

11. The San Francisco Superior Court reserves jurisdiction to allocate the costs of

testimony and post-evaluation services provided by the evaluator.

12. Any party requiring the evaluator to testify at a deposition, trial or hearing must first

pay the evaluator an additional retainer to cover his or her time in preparing for, and

appearing at, the deposition and / or the court hearing.

CUSTODY EVALUATION REPORT

13. The opinions formed by the evaluator during the evaluation are not confidential. If

the evaluator determines that sharing information discovered during the evaluation

process is in the best interests of the child(ren), the evaluator may share the

information with the court, either or both attorneys, either or both parents, any

therapists involved with the parties and/or child(ren), or any other party at the sole

discretion of the evaluator, as may be appropriate to protect the best interests of the

minor(s).

14. The evaluator will take such steps as are necessary to protect the child(ren)'s

therapeutic privilege, including to decline to provide any party or counsel with

information disclosed by the child(ren) or the child(ren)'s therapist, which would

otherwise be privileged. The evaluator will advise the court whether a minor child's

therapeutic privilege should be waived by the court for purposes of obtaining the

testimony of any mental health professional treating a minor child of the parties.

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In the event that any privileged information or testimony is required by the court,

such information or testimony shall be provided in camera outside the presence of

the parties. Counsel for the parties are prohibited from disclosing the details of such

information or testimony. The evaluator will not release any raw test data and notes

from psychological testing except to a qualified psychologist named by the party

requesting the information.

15. The evaluator will prepare a confidential written report in compliance with California

Rule of Court 5.220. The report must:

a. Summarize the data gathering procedures, information sources, and time spent,

and present all relevant information, including information that does not support

the conclusions reached;

b. Describe any limitations in the evaluation that result from unobtainable

information, failure of a party to cooperate, or the circumstances of particular

interviews;

c. Only make a custody or visitation recommendation for a party who has been

evaluated. This requirement does not preclude the evaluator from making an

interim recommendation that is in the best interests of the child;

d. Provide clear, detailed recommendations that are consistent with the health,

safety, welfare, and best interest of the child if making any recommendation to

the court regarding a parenting plan;

e. The recommendation portion of the evaluation will be set forth in a separate

attachment or section of the report.

f. The evaluator may also include a recommendation to the court for the

appointment of counsel for the child(ren).

16. In those cases where a significant amount of time has passed between the

completion of the evaluator’s report and the trial date, the evaluator may conduct a

brief re-evaluation. A re-evaluation allows the evaluator to present the parties and

the court with any developments that may have taken place since the original report

by conducting appropriate interviews and reviewing documents. The re-evaluation

ensures that everyone has the most recent information related to the issues. A brief

evaluation may take place when at least one parent agrees to participate, or as the

court may order. The parties must pre-pay the costs estimated by the evaluator for

any re-evaluation

17. The court will assume that the original evaluator should be appointed to provide the

court with any needed follow-up evaluations if the evaluator is available and willing to

perform such updates. If a party believes that the evaluator is unqualified to conduct

the re-evaluation for any reason, including being biased, that issue should be raised

and determined either during the hearing following the initial evaluation, or, if there

was no hearing after the original evaluation, through a noticed motion to resolve the

Case Name: Case Number:

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issue.

COMMUNICATION WITH THE EVALUATOR

18. Absent a stipulation or a specific authorization of the court to the contrary, attorneys

may not communicate directly with the evaluator on an ex parte basis except to

schedule an appointment or as is allowed pursuant to Family Code Section 216.

19. If one attorney refuses an invitation to participate in a joint conference, that

attorney’s refusal will be an implied waiver of the ex parte communication prohibition

and the evaluator may meet with the other attorney(s).

20. By signing their names immediately below this paragraph, the parties agree that the

evaluator may, at his or her sole discretion, communicate with any attorney on an ex

parte basis. By signing below, each party understands that he or she is waiving

rights under Family Code Section 216.

,Moving Party , Responding Party

Attorney for Moving Party Attorney for Responding Party

Attorney for Minor(s)

POST EVALUATION PROCEDURES

21. The evaluator may meet with either or both of the parties, or with all attorneys to

discuss the results of the evaluation.

22. No person who has access to, or receives a copy of, the evaluation or any part of

that report, may distribute it without prior court order. Nothing in the report can be

disclosed to any other person without prior court approval. Use of the report is

limited to the pending litigation. The report shall not be filed with the court as an

independent document or as an attachment to any other document filed with the

court. In no event shall any of the information contained in the report, or access to

the report, be given to any child who is the subject of the report.

SUBSTANTIAL SANCTIONS MAY BE IMPOSED BY THE COURT FOR

INAPPROPRIATE USE OF THE EVALUATION REPORT OR ANY INFORMATION

CONTAINED IN IT.

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23. The attorneys and parties are ordered to meet and confer within fifteen (15) court

days of having received, or had the opportunity to read, the evaluation.

24. If, after having met and conferred, the parties are unable to resolve all of the

outstanding issues, the coordinating mediator will, in conjunction with the evaluator

and the court, schedule either a mediation, settlement conference, status

conference and/or a trial. Unless otherwise ordered by the court, the parties will

attend any post evaluation procedure scheduled by the court or the coordinating

mediator. The attorneys, parties, coordinating mediator and the evaluator may each

be included in these procedures, as the court and/or the coordinating mediator may

decide.

25. Fees for the evaluator’s participation in any post evaluation processes must be paid

by the parties prior to the evaluator’s scheduled appearance as set forth in this

Custody Order and/or the evaluator’s fee agreement.

EVALUATOR TESTIMONY

26. The evaluator serves under the court’s appointment and, if required to testify by

either party, will testify as the court’s witness with the understanding that the

evaluator will make recommendations that address the best interests of the

child(ren).

27. Court appointed evaluators may not be deposed without a prior court order.

MISCELLANEOUS

28. The parties are ordered not to discuss their respective positions on child custody

issues, or the contents of the evaluator's written report, with the minor child(ren).

29. Each party is ordered to immediately carry out the terms of this order. To ensure

timely compliance, either party may make an ex parte application to the court to

compel compliance with the terms of this Order. The Court has the authority to

impose monetary sanctions on any party who fails to follow any part of this court

order.

30. In the event that enforcement proceedings become necessary to enforce any

provision of this order, the non-prevailing party shall pay attorney's fees and costs

as may be incurred.

31. The San Francisco Superior Court reserves jurisdiction regarding any dispute

regarding fees or any other provision of this order. Jurisdiction is also reserved to

San Francisco Superior Court to determine the allocation and characterization of

any funds advanced/paid by either parent and the merits of any dispute over such

fees.

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32. This matter shall be set for a review hearing on at in

Dept. to ensure that each party is complying with the terms of this Order and

a status review hearing on at in Dept.

We stipulate to the appointment of a custody evaluator.

Dated:

Moving Party

Dated:

Attorney for Moving Party

Dated:

Responding Party

Dated:

Attorney for Responding Party

Dated:

Attorney for Minor(s)

Case Name: Case Number:

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Acceptance of Appointment

I accept this appointment under the terms set forth above. I hereby certify, under

penalty of perjury, that I am familiar with the requirements of California Rules of Court

5.220 and 5.225 and Family Code Section 3110.5 and that I meet the education,

experience and training requirements required by them. I further certify that I have a

current license in good standing as required by the Rules of Court and family law statute

referenced above.

Dated:

, Evaluator

Based on the foregoing and good cause appearing

IT IS SO ORDERED.

Dated:

JUDGE OF THE SUPERIOR COURT

Brief Focused Assessment Attachment A is incorporated into this order by reference.

Case Name: Case Number:

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ORDER ALLOWING EVALUATOR TO HAVE EX PARTE COMMUNICATION

WITH MINOR'S COUNSEL

Minor's counsel has been appointed in this matter pursuant to Family Code

Section 3150. Pursuant to Family Code Section 3151, minor's counsel has been

charged with representing the child(ren)'s best interest. In order for the child custody

evaluator to formulate his or her recommendations as to what is in the child(ren)'s best

interest, he or she requires access to any facts and information gathered by minor's

counsel that may bear on the best interest of the child(ren). The court finds that it is in

the child(ren)’s best interest that the evaluator be permitted to have ex parte

communication with minor's counsel.

Though not required by Family Code Section 216, the parties, by signing below,

intend to indicate their agreement to allowing ex parte communication between the

evaluator and minor’s counsel at any time during, and subsequent to, the evaluation.

Dated:

Moving Party

Dated:

Attorney for Moving Party

Dated:

Responding Party

Dated:

Attorney for Responding Party

GOOD CAUSE APPEARING, THE COURT AUTHORIZES EX PARTE

COMMUNICATION BETWEEN THE EVALUATOR AND MINOR'S COUNSEL

Dated:

JUDGE OF THE SUPERIOR COURT

Case Name: Case Number:

Attachment A to 730 Custody Evaluation Order:

Brief Focused Assessment

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730 CUSTODY EVALUATION ORDER

ATTACHMENT A

Referral Form for Brief Focused Assessment (BFA)

Part 1: Issues to be investigated and assessed

(Check ONLY ONE issue below to be addressed and identify the parent(s) and/or child(ren) being assessed

regarding that issue.)

Drug and/or alcohol abuse assessment of

School assignment

Modification to parenting plan, e.g. change in time share

Modification to parenting plan to accommodate adolescent needs

Psychological testing of

Assessment of attachment or bonding of

Evaluation of Special Needs Child

Health status and needs of the child being met

Education status and needs of the child being met

Limitations on joint legal custody

Physical health of

Other: Must be reviewed and approved by the Court

The following issues are NOT appropriate for a Brief Focused Assessment:

Cases involving sexual abuse, physical abuse of a child, reunification of parent and child, high conflict

couples, parent relocation (Move Aways), and alienation allegations. BFAs are generally inappropriate

when there are allegations of domestic violence or when the involved children were once court

dependents through the juvenile dependency system.

Case Name: Case Number:

Attachment A to 730 Custody Evaluation Order:

Brief Focused Assessment

Page 2 of 2

Part 2: The elements of this Brief Focused Assessment may include, but are not

limited to, the following:

• Individual and/or conjoint parent interviews

• Individual child interviews, where developmentally appropriate

• Parent-child observations

• Telephone interviews with relevant neutral collateral parties (e.g. pediatricians,

teachers, therapists, religious practitioners, etc.)

• Review of orders and relevant records

• Other investigation, as may be determined by the appointed evaluator.

Part 3: Evaluator’s obligations pursuant to this Brief Assessment Order:

The evaluator’s obligations to carry out specific investigations and other duties,

otherwise required, per numbers 5 and 6 of this 730 Order, are modified pursuant to this

Court’s order for a Brief Focused Assessment, as indicated in Part 2 above.

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APPOINTMENT Section 730 and California Rule of Court (Superior Court of California - County of San Francisco)

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