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Stipulation And Order Appointing Child Custody Evaluator 200 - California
| Stipulation And Order Appointing Child Custody Evaluator Form. This is a California form and can be used in Family Law Contra Costa Local County . |
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA In re marriage of: Petitioner, vs. Respondent. ____________________________/ NO. STIPULATION AND ORDER APPOINTING CHILD CUSTODY EVALUATOR Pursuant to ยง3111 of the Family Code, and consistent with the provisions of Rule 5.220 California Rules of Court and Local Rule 13.2, the parties stipulate as follows: APPOINTMENT: 1.(Name)_______________________________; (Address)________________________________; (Telephone) _______________shall be appointed as the Court's expert to conduct a custody evaluation in this matter pursuant to Evidence Code Section 730 for the purposes of conducting the custody evaluation in this proceeding. (Name)_______________________________; (Telephone) _______________ (Address)________________________________; FamLaw-200/Rev. 9/29/06 American LegalNet, Inc. www.FormsWorkflow.com shall be the Court's alternate evaluator in the event the evaluator indicated above is not available. Within 10 court days of receipt of this stipulation and order and prior to commencing the evaluation, the Evaluator must file a Declaration of Child Custody Evaluator Regarding Qualifications (form FL-326) with the court. SCOPE OF EVALUATION: 2. The Evaluator will investigate, and will advise the Court, with respect to the health, safety, welfare, and best interest of child(ren) of the parties in connection with disputed custody and visitation issues in this matter. 2 a).___ 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 interest of the child(ren). 2 b).___ This will be a partial, or focused, evaluation, investigation and assessment. The Evaluator is to advise the Court on the following matters: ______________________________________________________________________ ______________________________________________________________________ PROCEDURES: 3. As provided under California Rules of Court 5.220, the Evaluator shall utilize data that allow the Evaluator to observe and consider each party in comparable ways and to substantiate (from multiple sources when possible) interpretations and conclusions regarding each child's developmental needs; the quality of attachment to each parent and that parent's social environment; and reactions to the separation, divorce, or parental conflict. 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 interest of the child); FamLaw-200/Rev. 9/29/06 American LegalNet, Inc. www.FormsWorkflow.com (C) Interviewing parents conjointly, individually, or both conjointly and individually (unless contraindicated in cases involving domestic violence), to assess: (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 and observation with the children, both parents, stepparents, step-and half-siblings conjointly, separately, or both conjointly and separately, unless contraindicated to protect the best interest of the child; (E) Collecting relevant corroborating information or documents as permitted by law; and (F) Consulting with other experts to develop information that is beyond the Evaluator's scope of practice or area of expertise. 4. The parties are ordered to cooperate in the evaluation as directed by the Evaluator, and to participate in such testing and evaluation as the Evaluator directs, including making themselves and the children available as needed for testing and interviews. "Testing" includes administration of any psychiatric or psychological tests, and/or any substance abuse evaluations or assessments, deemed necessary or appropriate by the Evaluator. 5. The parties are directed to execute any releases which may be required by the Evaluator to obtain otherwise confidential or privileged information from third party sources regarding the parties or the child(ren). The Evaluator is expressly authorized to obtain information regarding the child(ren) from: current/previous teachers FamLaw-200/Rev. 9/29/06 American LegalNet, Inc. www.FormsWorkflow.com and school staff and administrators; the child(ren)'s current/previous pediatricians, psychologists, or mental health professionals; hospital and medical records; current/previous daycare/preschool providers; law enforcement agencies, personnel and records; Family Court Services; Child Protective Services; or other social service agencies. 6. The Evaluator will determine the circumstances under which the child(ren) shall be interviewed. The Evaluator shall provide the child(ren) with an age appropriate explanation of the evaluation process, and will advise the child(ren) that statements made by them to the Evaluator may not be confidential, and that it is possible that their parents will be informed of their statements. 7. The Evaluator may recommend that independent counsel be appointed for the child(ren), but must advise the Court of the reasons why separate counsel would be in the child's best interest. 8. The parties shall provide copies of all pleadings, orders and correspondence which relate to the issues to be brought to the Evaluator. Within fifteen (15) days of the appointment of an Evaluator by Court order, each party shall submit to the Court-appointed Evaluator and the other party, the name, address, and telephone number of each person that party requests to be interviewed in connection with the evaluation, and a brief summary of the relevant information that person possesses. Upon the initial list being submitted, each party will have fifteen (15) days to submit an additional list to the Evaluator and the other party of additional witnesses that it is requested that the Evaluator interview under the same conditions outlined above. The Evaluator is not bound to interview any such person, but may use his/her judgment in determining whom to interview, and whether to interview them in person, by telephone, or in writing. Any correspondence to the Evaluator and/or any written materi
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