Stipulation And Order Re Custody Evaluation {F-71}

EL DORADO COUNTY SUPERIOR COURT In re the Marriage of: Petitioner: and Respondent: Case No: (STIPULATION AND) ORDER RE: CUSTODY EVALUATIONS [Evidence Code Section 730] 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. is hereby appointed and designated by this Court as the Court's expert to conduct a custody evaluation of the above named family, including both parents and children, pursuant to Evidence Code §730. Said evaluator shall interview, test and evaluate as appropriate, all family members and interactions between each parent and the children, contact appropriate collateral persons and review necessary documents, then prepare and submit a report, addressing the relevant issues including recommendations for the custody/parenting time of the children to the Court with a copy to each attorney or party representing self. Payment of fees for evaluation services, including preparation of a report, shall be as follows: (check one) a) to pay all fees subject to the Court reserving the right to order reimbursement from the other party. b) Parties to share all fees, % payable by Petitioner and % payable by Respondent. The evaluator shall send a letter to the attorneys and/or parties representing themselves accepting the appointment and outlining the evaluation procedure including a statement of the total fees with details as to retainer, payment schedules, deposition fees, trial, etc. The attorneys or parties representing themselves, shall furnish the evaluator with requested records and a statement of issues to be addressed. Each of the parties shall cooperate with the evaluator in scheduling appointments. Until the report is complete, there shall be no ex parte communication between the attorneys or parties representing themselves, and the evaluator regarding substantive issues. The Order to Show Cause hearing date (approximately 120 days from the date of this order) is and the report shall be prepared within 90 days of this order except as set out in Paragraph 7. In the event circumstances do not permit the completion of this report within 90 days of receipt of this order, the evaluator shall notify the Court and attorneys, or parties representing themselves, of the reasons for the delay, interventions needed to complete the report in a timely manner, and the predicted date of completion. Said evaluator shall have access to pertinent information obtained by Child Protective Services (pursuant to the policy of the Juvenile Court), FCS, prior mediator, prior evaluator, attorney(s) for the children, the criminal justice system, and the schools regarding the above named parents and children and shall keep such information confidential. The evaluator may include reliance on such information in the report to the Court but may not disclosure the information itself. The attorneys and the parties shall keep the report confidential and shall not disclose it to the children involved or persons not parties to this action. Each party and his/her attorney shall cooperate fully to carry out the evaluation in a timely manner. Other: ; Complete For Stipulation Only: THE FOREGOING IS AGREED TO BY: Dated: Petitioner Attorney for Petitioner Dated: Respondent Attorney for Respondent IT IS SO ORDERED. Dated: ON AND) ORDER RE: PRIVATE MEDIATIONJUDGE OF THE SUPERIOR COURT Stipulation and Order re: Custody Evaluations Local Form F-71 Optional Use Form Eff. 07/31/00 American LegalNet, Inc. www.FormsWorkFlow.com