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ATTACHMENT FM-1056 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 (The Superior Court of California, County of Santa Clara)

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ATTACHMENT FM-1056
ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – FAMILY COURT SERVICES
ORDER APPOINTING CHILD CUSTODY EVALUATOR
(Family Court Services)
CASE NUMBER:
DEPARTMENT NUMBER:
FCS NUMBER:
THIS IS A COURT ORDER FOR A CHILD CUSTODY/VISITATION EVALUATION.
1. EVALUATION RECOMMENDATIONS:
The recommendations resulting from the evaluation shall address the issues checked below:
a.
Legal Custody, may include division of authority for decision making
b.
Physical Custody
c.
Visitation
d.
Whether visitation shall be supervised, and, if so, by what type of program and for how long
e.
Exchange provisions designed to protect the child from exposure to extreme conflict or domestic
violence, and to protect the safety of all of the parties
f.
Move-away issues
g.
Whether either party shall be required to attend counseling, rehabilitation, parenting or co-parenting
programs, substance abuse counseling, domestic violence programs, and, if so, which programs, and
for how long
h.
Whether it is in the following child’s best interests to address the Court under California Rule of
Court Rule 5.250(C)(3) A - E: (Name(s)):
i.
What are the preferences, if any, of the child regarding custody or visitation: (Name(s)):
j.
Other:
k.
Other recommendations related to any of the above issues necessary for clarification or implementation
of the recommended order, or otherwise required to address the health, safety, welfare, and best
interests of the child.
2. OTHER ORDERS: Both parties shall comply with the ADDITIONAL ORDERS below and on page 2 attached.
IT IS SO ORDERED:
DATE OF FIRST EVALUATION APPOINTMENT
DATE/TIME OF CUSTODY SETTLEMENT CONFERENCE
(90 – 100 Days from the date of first
evaluation appointment)
You are obligated to notify the Family
Court Services, Calendar Office at 408-
534-5710, to vacate the Custody
Settlement Conference, if you settle.
DATE:
JUDICIAL OFFICER
NOTES/COMMENTS:
FM-1056 REV 7/01/12 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 1 of 3
FAMILY COURT SERVICES
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ATTACHMENT FM-1056
ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – FAMILY COURT SERVICES
ORDER APPOINTING CHILD CUSTODY EVALUATOR
(Family Court Services)
CASE NUMBER:
DEPARTMENT NUMBER:
FCS NUMBER:
FM-1056 REV 7/01/12 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 2 of 3
FAMILY COURT SERVICES
ADDITIONAL ORDERS
a. If an appointment is not made upon the issuance of this Order, each party shall contact Family Court
Services (FCS) no later than five court days from the filing of this order to schedule an appointment. Fee
deposits or the documentation required for requesting modification of FCS fees must be
submitted to FCS within five court days from the filing of this court order. When requests for
modification of FCS fees have been submitted, fee deposits required by the subsequent Order on
Application for Modification of Court Fees Re Custody or Visitation Investigation shall be paid as
set forth in the Order. The parties shall appear at Family Court Services for all appointments set for them
by the evaluator. Attorneys are required to attend the first appointment with the Evaluator. The
parents shall insure that the children appear at all appointment times set for the children by the evaluator.
The attorneys for the parties shall attend any additional appointments that are set for them by the
evaluator.
b. Upon request, the parties shall provide the evaluator with the names, addresses, and telephone numbers
for all individuals involved with the care, day care, medical, dental, or mental health treatment, and
education of the children.
c. Both parties shall provide copies of documents requested by the evaluator in a prompt and timely manner.
Any documents provided by a party or counsel to the FCS evaluator shall be provided, in accordance with
the local rules, to the other party and counsel at the same time and in the same manner.
d. If either party or FCS contends that a party is unduly delaying the evaluation process, a party or FCS may
place the matter on the next Case Management Conference calendar for review.
e. The parties shall be charged for any custody/visitation evaluation services, consistent with their
ability to pay.
a. The evaluator shall adhere to the requirements of California Rules of Court
Rule 5.220, court-ordered child
custody evaluations, Rule 5.225, education, experience, and training standards for court-appointed child
custody investigators and evaluators, Rule 5.230, domestic violence training for court-appointed child
custody investigators and evaluators, and Rule 2 of the Superior Court of California, County of Santa
Clara Local Family Rules.
b. The evaluator shall have the authority to conduct home visits at his/her discretion.
c. The evaluator shall, at her/his discretion, have access to the children’s medical, dental, mental health, and
other health care records, school and educational records, and the right to interview school personnel,
caretakers, health care providers, mental health professionals, and others who have assessed the
children or provided care to the children. Each party shall sign releases for such information as requested
by the evaluator.
d. The evaluator shall have access to any and all reports, test results, and other documents relating to the
children from third parties, for example, but not limited to: mental health professionals, school personnel,
Child Protective Services workers, medical and dental care providers, and day care providers. Each
party shall sign releases for such information as requested by the evaluator. In the event that either party
fails or refuses to sign releases required by the evaluator, the issue shall be set on
the Law and Motion
calendar of the All Purpose Judge for a hearing on the appropriateness of the refusal and for issuance of
applicable orders regarding the records requested.
e. The evaluator shall have the authority to contact any previously court appointed custody/visitation
evaluator or assessor who shall have the authority to release case related information to the evaluator
3. APPOINTMENTS AND DOCUMENTATION
4. EVALUATOR DUTIES, AUTHORITY, AND ACCESS TO INFORMATION
ATTACHMENT FM-1056
ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – FAMILY COURT SERVICES
ORDER APPOINTING CHILD CUSTODY EVALUATOR
(Family Court Services)
CASE NUMBER:
DEPARTMENT NUMBER:
FCS NUMBER:
FM-1056 REV 7/01/12 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 3 of 3
FAMILY COURT SERVICES
appointed by this order. Contact with any previously appointed Special Master shall be as specified by
court order only.
f. All information obtained as described above shall be used solely for the purpose of conducting the
evaluation.
g. The evaluator shall complete and distribute the evaluation recommendations, and evaluation
report consistent with the procedures described in Rule 2 of the Superior Court of California,
County of Santa Clara Local Family Rules no later than 60 days following the date of the first
scheduled evaluation appointment, unless extended by the Court.
h. In the event that the Court has checked the box above ordering an evaluation pursuant to Family Code
§ 3118, the Court has determined that there is a serious allegation of child sexual abuse as defined in
§ 3118. The evaluator appointed herein shall fully comply with all applicable requirements of §3118. Any
evaluator appointed under §3118 shall have access to all Juvenile Court records pertaining to the child
who is the subject of the evaluation. Any Juvenile Court records or information gained from those records
shall remain confidential and shall only be released as specified in Family Code
§ 3111. The evaluation
shall be suspended if a petition is filed to declare the child a dependent child of the Juvenile Court
pursuant to Welfare & Institutions Code
§ 300, and all information gathered by the evaluator shall be made
available to the Juvenile Court.
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ATTACHMENT FM-1056 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 (The Superior Court of California, County of Santa Clara)

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Completed 29 June 2021

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