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Additional Orders Attachment (Child Custody Evaluator) CV.010 - California
| Additional Orders Attachment (Child Custody Evaluator) Form. This is a California form and can be used in Custody Visitation Mediation Butte Local County . |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE ONE COURT STREET OROVILLE, CA 95965 BUTTE COUNTY COURTHOUSE FOR COURT USE ONLY PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: ADDITIONAL ORDERS ATTACHMENT MANDATORY ATTACHMENT TO JUDICIAL COUNCIL FORM FL-327 [LR 9.6 AND CRC, RULE 5.225(j)(2)] CASE NUMBER: 1. _______________________________, is appointed as the Court's expert witness pursuant to Evidence Code Section 730 and Family Code Section 3111. The expert is appointed to perform a child custody evaluation in this matter as outlined in number 2 below: 2. Scope of the Evaluation: (Check only one.) This is a "full evaluation", that is, a comprehensive examination of the health, safety, welfare, and best interest of the child(ren). The expert shall pay particular attention, but not be limited, to the issues enumerated in Number 3 below. This is a "partial evaluation," that is, an examination of the health, safety, welfare, and best interest of the child(ren) that is limited in either time or scope. The expert shall limit the evaluation to the issues enumerated in Number 3 below. 3. This evaluation is to investigate: Whether visits should be supervised. Whether overnight visits should occur. Whether visits should be extended or contracted in length or increased or decreased in frequency. Whether timeshare should be modified. What the custody, visitation, and/or timeshare should be after one of the parties moves. The allegations of child abuse, child molestation, and/or child neglect, as set forth in Number 16, below. Whether either party or both shall be required to attend counseling or education, rehabilitation, and/or prevention programs. Whether the child(ren) shall be in counseling. Other: ____________________________________________________________________________ __________________________________________________________________________________ 4. Psychological testing shall be conducted on the following individuals: ___________________________ _____________________________________________________________________________________ 5. A Home Study shall be conducted on the following residences: ________________________________ _____________________________________________________________________________________ (CV.010) Mandatory Page 1 of 3 (A.D. 7-1-12) ADDITIONAL ORDERS ATTACHMENT (CHILD CUSTODY EVALUATOR) American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES 6. The Court has found that __________________________________ has perpetrated domestic violence against the other party or the child(ren) and the presumption of Family Code Section 3044 is applicable; has been overcome. 7. Pursuant to CRC, Rule 5.220(e)(1)(A) through (E), the child custody evaluator (expert) shall provide the parties with a written protocol describing the purpose of the evaluation and explaining the procedures that will be followed. The expert shall provide a written report of findings (evaluation) consistent with the mandates of CRC, Rule 5.220(e)(3)(A) through (D). 8. Each party is ordered to cooperate with the expert, and is ordered to complete any directives of the expert that are necessary for the completion of the evaluation. 9. Prior to preparation of the written custody evaluation and recommendation, the evaluator may schedule a conference with the parties (these shall be separate conferences if FC §3113 is applicable), at which time the proposed recommendation and the reasons therefore will be discussed. In the event the parties can agree, a written agreement will be prepared and, if approved by the parties and counsel (if represented), such will be executed and filed with the Court [LR 9.6(c)]. 10. The written evaluation from the evaluator made pursuant to FC §3111 shall be filed and served with proof of service upon the parties or their attorneys pursuant to FC §3111(a). The evaluations shall include a Recommended Order and notice of the procedures contained in paragraph 11 below. 11. In the event either party objects to the written evaluation and recommended order, [s]he shall file with the Court within fifteen (15) calendar days of being served a written Notice of Objections, providing endorsed filed copies to the evaluator and the opposing party's attorney of record or the party if unrepresented. The written notice shall state: [1] the specific paragraph(s) and language in the Recommended Order objected to by the party; [2] the reason(s) for the objection(s); and [3] the proposed modification to the Recommended Order [LR 9.6(e)]. 12. The Court shall, upon receipt of objections, set the matter on a Tuesday or Wednesday OSC calendar for a pretrial conference. The parties and their attorneys, if represented, shall attend the conference. The following items shall be addressed at the pretrial conference: 1. The identification of the custody and visitation issues to be tried; 2. The viability of a judicially supervised settlement conference involving the parties, the attorneys and the evaluator; 3. The determination of the amount of time necessary for trial, and 4. The placing of the custody and visitation issues on the TRAC calendar, with priority, for setting of a judicially supervised settlement conference and/or trial [L.R 9.6(c)]. 13. In the event no objections to the proposed order are filed within fifteen (15) calendar days, as set forth in Paragraph Eleven (11) above, the recommended order previously submitted may be signed and filed as an order of the Court if upon review, the Court finds the Recommended Order to be appropriate and in the best interest if the child(ren) involved. (CV.010) Mandatory Page 2 of 3 (A.D. 7-1-12) ADDITIONAL ORDERS ATTACHMENT (CHILD CUSTODY EVALUATOR) American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES 14. The expert's written report shall be received into evidence without foundation, and over any hearsay objection, subject to each party's right to subpoena and cross examine the expert. 15. The expert, the parties and their attorneys shall familiarize themselves with Family Code Section 216, ExParte Communications. The Court also recommends these same individuals review Family Code Sections 3011, 3110.5, 3111, 3115 and 3117; California Rules of Court, Rules 5.220, 5.225 and 5.230; Butte County Superior Court Rules, Rules 9.5 and 9.6; Judicial Council of California Forms FL-326, FL-327, FL-328, FL329 and the case of IRMO Se
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