ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – FAMILY COURT SERVICES
ORDER APPOINTING CHILD CUSTODY EVALUATOR
(Family Court Services)
FM-1056 REV 7/01/12 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 2 of 3
FAMILY COURT SERVICES
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
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