ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – PRIVATE EVALUATOR
STIPULATION AND ORDER APPOINTING CHILD CUSTODY
FM-1057 REV 07/01/12 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 Page 2 of 3
evaluator with copies of filed court documents on request. In the event that the evaluator is not able to obtain copies
of filed court documents from the parties or their attorneys in a timely manner, he or she may request copies from
the clerk’s office and there shall be no charge for the copies
d. Both parties shall provide copies of documents requested by the evaluator in a prompt and timely manner. In
accordance with the Local Rules, any documents provided to the evaluator shall be provided to the other party at the
same time and in the same manner.
e. If either party or the evaluator contends that a party is unduly delaying the evaluation process, a party or the
evaluator may place the matter on the next Case Management Conference calendar for review.
4. EVALUATOR DUTIES, AUTHORITY, AND ACCESS TO INFORMATION
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 Santa Clara County Superior Court Local Family
b. The evaluator shall have the authority to petition the Court to withdraw from a case.
c. The evaluator shall, at the commencement of the evaluation, provide the parties with a written explanation of the
process clearly describing the:
(1) Procedures which may be used and the time required to gather and assess information;
(2) If psychological tests will be used, the role of the results in confirming or questioning other information or
(3) Limitations on the confidentiality of the process;
(4) Cost and payment responsibility for the evaluation consistent with the terms of the appointing order.
d. An appointed private evaluator shall, upon presentation of a copy of this order to Family Court Services, have the
authority to contact any Family Court Services evaluator or emergency screener to obtain background information in
the case, and Family Court Services shall be authorized to release such information.
e. An appointed private evaluator shall, upon presentation of a copy of this order to Family Court Services, have the
authority to review the Family Court Services file, with the exception of any mediation notes and criminal records
information, at Family Court.
f. The evaluator shall have the authority to conduct home visits at his/her discretion.
g. 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.
h. 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.
i. The evaluator shall have the authority to contact any previously court appointed custody/visitation evaluator or
assessor shall have the authority to release case related information to the evaluator appointed by this order.
Contact with any previously appointed Special Master shall be as specified by court order only.
j. All information obtained as described above shall be used solely for the purpose of conducting the evaluation.
k. The evaluator shall complete and distribute the evaluation report and recommendations consistent with the
procedures described in Rule 2 of the Santa Clara County Superior Court Local Family Rules no later than 60
days following the date of the first scheduled evaluation appointment, unless extended by the Court.