IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA In re marriage of: NO. STIPULATION AND ORDER APPOINTING CHILD CUSTODY EVALUATOR Petitioner, vs. Respondent. ____________________________/ Pursuant to §3111 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)_______________________________; (Address)________________________________; (Telephone) _______________ 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 materials including documents, declarations, or records provided to the Evaluator, shall be mailed simultaneously or provided simultaneously to the other party and/or their attorney. FamLaw-200/Rev. 9/29/06 American LegalNet, Inc. www.FormsWorkflow.com 9. No party or attorney for a party shall initiate one-sided contact with the Evaluator, either orally or in writing prior to the first appointment of the initiating party except for the purpose of setting up that first appointment. Except for setting up the first appointment, all such communications occurring prior to the first appointment must be by conference call or in writing copied to the other party. Parties may initiate one-sided contact with the evaluator after the first appointment of the party initiating the contact. The evaluator may contact the parties at any time. Attorneys may initiate contact after the first appointment of a party only by conference call or in writing copied to the other party. Contact may be made to arrange appointments without the necessity of a conference call. REPORT: 10. The Evaluator shall prepare a confidential written report which summarizes the data gathering procedures, information sources, and time spent, any limitations in the evaluation, and which presents all relevant information. The report shall provide clear and detailed recommendations regarding any proposed parenting plan, with the recommendations set forth in a separate attachment or section of the report. The original report will be delivered to the Court, and copies shall be served on the parties or their attorneys thirty (30) days before the recommendation conference or hearing (if no recommendation conference is set). A courtesy copy shall be provided to Family Court Services. The Evaluator will provide the parties or their attorneys an opportunity to discuss the content of the report and the recommendations with the Evaluator prior to the recommendation conference, if requested. 11. In any proceeding involving the custody or visitation of minor children, any written report or recommendation from Family Court Services or from any person appointed by the Court to render a report shall be confidential and unavailable to any person except the Court, the parties, attorneys, and any person allowed access by law or to whom the Court expressly grants access by written order made with prior notice to FamLaw-200/Rev. 9/29/06 American LegalNet, Inc. www.FormsWorkflow.com all parties. No person who has access to a report shall make copies for dissemination or disclose its contents to any child who is the subject of the report, or to anyone else not entitled to access as set forth herein, nor shall any portion of the report, other than the recommendations, be attached to or incorporated in any pleading filed with the Court, except under seal. Substantial sanctions shall be imposed for inappropriate disclosure. 12. The report will be considered by the Court and admitted into evidence, subject to the right of any party to cross-examine the Evaluator regarding the recommendations at a hearing which will be scheduled for this purpose upon request of either party. The party requesting cross-examination of the Evaluator shall be responsible for securing the attendance of the Evaluator at the hearing, and for payment of the Evaluator’s fees for the appearance. At hearing, testimony of the child(ren), or of any mental health professional providing treatment or therapy for the child(ren), will only be permitted upon prior order of the Court. 13. The parties are enjoined and restrained from discussing in the presence of or with their minor children, specific facts, issues or positions relating to custody or visitation in a manner which disparages the other party or with the intent to influence the child with respect to custody and/or visitation. The parties shall not discuss the contents of the evaluation report with the minor children nor discuss the report in their presence. The minor child(ren) shall not be permitted to see or read the evaluation report nor have it read in their presence. 14. The Court, on application of a party, or upon its own motion, may order an additional mental or physical examination of any party to assist in determination of contested custody issues at hearing. FEES: FamLaw-200/Rev. 9/29/06 American LegalNet, Inc. www.FormsWorkflow.com 15. The parties shall make financial arrangements with the Evaluator forthwith. The evaluation will not commence until after the parties have made arrangements for payment acceptable to the Evaluator. The Court allocates the costs of the Evaluator as follows: _______Father Mother. The Court reserves jurisdiction to re-allocate said payments between the parties. GRIEVANCE PROCEDURES: 16. As provided under Local Rule 13.2 (h), if a party alleges that an unprofessional or inappropriate act has occurred on the part of the Evaluator during the course of the evaluation, he or she shall discuss first the complaint with the Evaluator directly. If this direct and informal process does not resolve the complaint, a party may make a formal complaint in writing to the Manager of Family Court Services with copies to the Supervising Judge of the Family Law Division of the Court, both parties and the Evaluator. The Manager of Family Court Services will assess the complaint and report to the Supervising Judge with copies to the parties within thirty (30) days of the formal complaint. If still dissatisfied, the complaining party may resubmit his or her complaint in a format not to exceed two pages, letter size, to the Supervising Family Law Judge, with copies to all parties, the Evaluator, and the Manager of Family Court Services. The Supervising Family Law Judge may respond by letter to the party’s letter or set the matter for hearing. The Evaluator is considered the Court’s witness and functions at the request and under the guidance of the Court. The Court will determine whether a new Evaluator is to be appointed, and may consult with other professionals in the course of evaluating the Evaluator. // // // FamLaw-200/Rev. 9/29/06 American LegalNet, Inc. www.FormsWorkflow.com Neither party shall complain about the Evaluator to the Evaluator's licensing board without complying with these grievance procedures. OTHER ORDERS: 17. Nothing in this order limits the ability of the Court to control the conduct of these proceedings so as to protect the best interests of the child(ren). 18. It is further ordered that: DATE REPORT IS DUE: ___________ DATE OF RECOMMENDATION CONFERENCE: __________ 19. If there are any objections or factual disputes regarding the recommendations, these must be in writing. Should a party assert an objection or dispute facts, these objections or factual declarations must be provided to the opposing party or their counsel, and directly to the department at least fourteen (14) calendar days prior to the Recommendation Conference. Responses to the objections and/or declarations shall be transmitted to the opposing party and the court at least seven (7) calendar days prior to the conference. Failures to object or raise factual disputes may result in the recommendations being implemented. The Recommendation Conference is set as indicated above based on the expectation that the evaluation will be prepared and submitted to the parties and counsel at least thirty (30) calendar days prior to the Recommendation Conference. Should the evaluator determine that it will not be possible to prepare his/her report by that time, said evaluator shall forthwith notify both counsel, and provide to counsel a date by which the evaluator expects the report will be done. Counsel shall thereupon notify the court promptly, either in writing or by telephone conference call (the preferred method). Based on the evaluator’s FamLaw-200/Rev. 9/29/06 American LegalNet, Inc. www.FormsWorkflow.com notice of inability to timely conclude the report, the court will re-set the date of the Recommendation Conference and this order will apply to the new date for the Recommendation Conference. All parties are ordered to appear for the recommendation conference/hearing on the date indicated above. The failure of either party or their counsel to appear at the Recommendation Conference, except upon prior leave of court, may result in monetary or issue sanctions. IT IS SO STIPULATED: DATE: ________________ _______________________________ Petitioner DATE: ________________ _______________________________ Attorney for Petitioner DATE: ________________ _______________________________ Respondent DATE: ________________ _______________________________ Attorney for Respondent IT IS SO ORDERED: DATE: ___________________ ___________________________________ JUDGE OF THE SUPERIOR COURT FamLaw-200/Rev. 9/29/06 American LegalNet, Inc. www.FormsWorkflow.com IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA NO. CERTIFICATE OF MAILING I, the undersigned, certify under penalty of perjury that I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to the within action; that my business address is Courthouse, Martinez, California; that I served the attached Notice, Order or Paper by causing to be placed a true copy thereof in an envelope addressed to the parties or attorneys for the parties, as shown below, which envelope was then sealed and postage fully prepaid thereon, and thereafter was deposited in the United States Mail at Martinez, California on the date shown; that there is delivery service by the United States Mail between the place of mailing and the placed addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed at Martinez, California, on ___________________________ by ___________________________________ FamLaw-200/Rev. 9/29/06 American LegalNet, Inc. www.FormsWorkflow.com