Additional Orders Attachment (Child Custody Evaluator) {CV.010}

SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES (CV.010) Page 1 of 2 (A.D. 1-1-1) Mandatory ADDITIONAL ORDERS ATTACHMENT (CHILD CUSTODY EVALUATOR) ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) : T ELEPHONE: FAX NO. (Optional): ATTORNEY FOR (Name): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE Butte County Courthouse North Butte County Courthouse One Court Street, Oroville, CA 95965 1775 Concord Avenue, Chico, CA 95928 (530) 532 - 7002 (530) 532 - 7002 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER: ADDITIONAL ORDERS AT TACHMENT MANDATORY ATTACHMENT TO JUDICIAL COUNCIL FORM FL - 327 [LR 9.6 AND CRC, RUL E 5.225( j)(2)] CASE NUMBER: 1.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): lfare, and best interest of thechild(ren). The expert shall pay particular attention, but not be limited, to the issues enumerated in Number 3 below. hat islimited 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: 6. The Court has found that has perpetrated domestic violence against the otherparty or the child(ren) and the presumption of Family Code Section 3044 is applicable; has been overcome. American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES (CV.010) Page 2 of 2 (A.D. 1-1-1) Mandatory ADDITIONAL ORDERS ATTACHMENT (CHILD CUSTODY EVALUATOR) 7.Pursuant to CRC, Rule 5.220(e)(1)(A) through (E), the child custody evaluator (expert) shall provide the parties with a writtenprotocol describing the purpose of the evaluation and explaining the procedures that will be followed. The expert shall providea 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 necessaryfor the completion of the evaluation. 9.Prior to preparation of the written custody evaluation and recommendation, the evaluator may schedule a conference with theparties (these shall be separate conferences if FC 2473113 is applicable), at which time the proposed recommendation and thereasons therefore will be discussed. In the event the parties can agree, a written agreement will be prepared and, if approvedby 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 2473111 shall be filed and served with proof of service upon theparties or their attorneys pursuant to FC 2473111(a). The evaluations shall include a Recommended Order and notice of theprocedures 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 theopposing 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 proposedmodification to the Recommended Order [LR 9.6(e)]. 12. The Court shall, upon receipt of objections, set the matter on a Tuesday or Wednesday calendar for a pretrial conference.The parties and their attorneys, if represented, shall attend the conference. The following items shall be addressed at thepretrial 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 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 Courtfinds the Recommended Order to be appropriate and in the best interest if the child(ren) involved. 14.The expert's written report shall be received into evidence without foundation, and over any hearsay objection, subject to each 15. The expert, the parties and their attorneys shall familiarize themselves with Family Code Section 216, Ex-Parte Communications. The Court also recommends these same individuals review Family Code Sections 3011, 3110.5, 3111, 3115 and 3117; CaliforniaRules of Court, Rules 5.220, 5.225 and 5.230; Butte County Superior Court Rules, Rules 9.5 and 9.6; Judicial Council of CaliforniaForms FL-326, FL-327, FL-328, FL-329 and the case of IRMO Seagondollar (2006) 139 CA4 1116 at 1132. 16. Other: This matter is set for hearing on at : a.m. p.m. for status. Approved as to content: Date: Date: (PETITIONER/PLAINTIFF) (RESPONDENT/DEFENDANT) Date: Date: (ATTORNEY FOR PETITIONER/PLAINTIFF) (ATTORNEY FOR RESPONDENT/DEFENDANT) American LegalNet, Inc. www.FormsWorkFlow.com