Superior Court of California, County of Sonoma Civil & Family Law Courthouse, Family Law Division 3055 Cleveland Avenue Santa Rosa, CA 95403 Telephone: (707) 565-1100 Petitioner/Plaintiff: Respondent/Defendant: Case Number ORDER FOR APPOINTMENT OF CUSTODY EVALUATOR [ ] Order After Hearing [ ] Stipulated Order Petitioner [was] [was not] present represented by attorney _______________________________________________. Respondent [was] [was not] present represented by attorney _____________________________________________. Other party _______________________ [was] [was not] present, represented by attorney ______________________. The Court shall make the following order regarding the custody evaluation in the above-entitled matter: 1. ________________________________________ is appointed the Court=s expert, pursuant to Evidence Code section 730 and California Rules of Court, Rule 1257.3 for the purpose of a custody evaluation in this proceeding. The evaluator shall have quasi-judicial immunity. 2. a. Except as otherwise provided herein, fees and expenses of the evaluator shall be shared by the parties in the following manner: Father shall pay ____________% of the fees and expenses. Mother shall pay ____________% of the fees and expenses. The advance deposit of $___________________ shall be paid as follows: ____________________________ _______________________________________________________________________________________________. b. The parties understand that the evaluation will not commence until the advance deposit has been paid in full. Thereafter, all bills or requests for payment submitted by the evaluator shall be paid within ten (10) days of receipt. The complete cost of the evaluation will be paid by the parties to the evaluator prior to the release of the evaluation report. c. In the event that either parent fails to cooperate with the evaluator or fails to provide 24 hours telephone notice of the cancellation of an appointment with the evaluator, the evaluator shall allocate the charges related to such conduct, which amount shall be paid by such party. The Court shall reserve jurisdiction to change any such allocation. d. The parents shall agree to and sign a fee agreement required by the evaluator. Both parties understand that the evaluator may not ultimately support their position in litigation, but that they nevertheless must still fulfill their obligation to pay the court-ordered percentage of the fees. Payment is required despite the fact that the evaluator may testify in court FL058 April 2009 Order for Appointment of Custody Evaluator Page 1 of 3 American LegalNet, Inc. www.FormsWorkflow.com or prepare reports which favor the other parent. e. The Court reserves jurisdiction to make a final allocation of the costs of the evaluation, the post-evaluation services and any testimony provided by the evaluator. 3. The evaluator shall examine the health, safety, welfare, and the best interest of the child(ren) and shall render a written report. The evaluation shall be [ ] a full evaluation, or [ ] partial evaluation limited to the issue(s) listed below, or [ ] updated/re-evaluation. The evaluator shall specifically address the following issues raised in this case: _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 4. The parties shall both immediately contact the evaluator to set up an initial appointment time. Thereafter, the parties shall cooperate in all ways in the evaluation as requested by the evaluator and shall participate in such testing and interview as directed by the evaluator. The parties shall commence psychological testing with whomever the evaluator recommends as soon as possible. The parties agree to cooperate with requests to submit to tests for the use of drugs and alcohol. These may include the referral to an independent laboratory of urine, blood, or hair samples, at the direction of the evaluator. The evaluator may also request that the parents be assessed by an independent specialist such as a substance abuse specialist, a neuropsychologist or other specialist depending upon the evaluator=s concerns. The evaluator shall have the authority to interview all members of the immediate and/or extended family of both parents at his or her discretion and request; interview any and all other persons whom the evaluator deems, in his or her sole discretion, to have relevant information; determine the protocol of all interviews and sessions. It is the intention of the parties to complete this evaluation expeditiously. Therefore, the parties agree to schedule meetings requested by the evaluator on a time schedule requested by the evaluator. In the event that there are restraining orders between the parents and the evaluator deems it important to conjointly interview the parents, this order suspends the restraining order solely for that interview. 5. All parties understand that information obtained by the evaluator and opinions formed by him/her during the evaluation are not held confidential by the evaluator. 6. Attorneys and parties may send the evaluator any and all material they consider relevant. Copies of such information shall be provided to the other attorney and/or party. Neither attorney may initiate oral contact with the evaluator at any time during the evaluation except with the prior consent of the other attorney. At the sole discretion of the evaluator, he/she may communicate with either attorney separately or both together to obtain information, to facilitate the settlement process, and/or protect the child at any time during the subsequent to the evaluation. 7. Subject to a claim of privilege, the evaluator in his or her sole discretion may communicate with whomever he or she determines has relevant information for the evaluation, including Family Court Services personnel and Child Protective Services personnel, who shall provide any information requested by the evaluator. 8. The evaluator has the freedom to decide the best way to disseminate the results and the report, to discuss the contents of the report and/or to assist in the settlement of the case. These may include, but are not limited to, meeting with either or both parties, meeting with both attorneys together, or sending the report to the Court for the Court=s determination regarding dissemination. If one attorney declines an invitation to participate in a joint conference or joint telephone call, the evaluator may meet with or speak to the other attorney. The evaluator shall not have any communication or meet with only one attorney after issuance of the report unless he/she first notifies and invites both attorneys in advance of the occurrence of such meeting. FL058 April 2009 Order for Appointment of Custody Evaluator Page 2 of 3 American LegalNet, Inc. www.FormsWorkflow.com 9. The report shall remain confidential and shall only be distributed or shown to the parties, their attorneys, Family Court Services and the Court, except that the report may be given to a mental health professional treating a member of the family, or another person if recommended by the evaluator or authorized by the Court. Sanctions will be assessed by the court for any unauthorized release. The parties are specifically enjoined and restrained from discussing their respective positions on child custody issues or the contents of the evaluator=s written reports with the minor children except as recommended by the evaluator or authorized by the Court. 10. The parties and attorneys shall attend a settlement conference at Sonoma County Superior Court as scheduled by the Court pursuant to local rule 9.15 D. Unless otherwise ordered by the Court, the evaluator will attend the settlement conference. The fees for his/her attendance at a two hour settlement conference will be included in the cost of the evaluation, subject to refund if the case settles prior to the settlement conference. If the settlement conference exceeds two hours, each party shall be responsible for one-half of the additional charges. If the settlement conference has not occurred within sixty days of the issuance of the report, the evaluator shall not be required to retain the amount reserved for the settlement conference and may refund that amount to the parties. 11. Both parties agree that after completion of the report, either party may request in writing that copies of the evaluator=s entire file shall be released to each party=s attorney and/or second expert, with the exception of raw data from psychological testing, which shall only be released to a qualified psychologist named in writing by one of the attorneys. This order provides all necessary documentation for the release of these records, and no further release forms or subpoenas shall be required. The records shall be produced within ten days of the request. 12. Because the evaluator is serving under the Court=s appointment, if subpoenaed to testify by either party, it is understood that the evaluator shall testify as the Court=s impartial witness and not as an advocate for either party. It is understood that the evaluator=s opinion and recommendations may favor one party, but the evaluator=s report, preparation for court appearance and testimony are all part of this court-ordered custody evaluation. In the event that either party requires the evaluator to appear at a deposition, he or she shall be required to pay for the evaluator=s preparation for deposition, appearance at the deposition and review of the deposition transcript and shall deposit an additional retainer prior to the deposition for the anticipated amount of such cost. In the event that either party requires the evaluator to appear at trial or a hearing, he or she shall be required to pay for the evaluator=s preparation for trial and appearance at the trial and shall deposit an additional retainer prior to the deposition for the anticipated amount of such cost. 13. It is a rebuttable presumption that this expert should be appointed for any required follow-up evaluations if the evaluator is available and willing to perform such updates. The issue of an evaluator=s bias or any other reason for lack of qualification should be raised and determined either in trial following the initial evaluation, or if there was none, through a motion or order to show cause at the time of the update. [ ] Stipulated Order: We have read the entire stipulation and agreement. We understand it fully and request the Court to make our stipulation and agreement the Court=s order. We understand that willful failure to comply with the provisions of this order will be a contempt of court and may be punished by community service and/or imprisonment. We waive all further notice of this order. Dated: ________________________ ______________________________________________ Petitioner Dated: ________________________ ______________________________________________ Respondent Dated: _________________________ ______________________________________________ Attorney for Petitioner Dated: _________________________ ______________________________________________ Attorney for Respondent IT IS SO ORDERED. Dated: _________________________ FL058 April 2009 ______________________________________________ JUDGE OF THE SUPERIOR COURT Page 3 of 3 Order for Appointment of Custody Evaluator American LegalNet, Inc. www.FormsWorkflow.com