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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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CHILD CUSTODY EVALUATIONS SAN FRANCISCO CALIFORNIA What is

Resolved Question:

CHILD CUSTODY EVALUATIONS SAN FRANCISCO CALIFORNIA
What is the section that states parents cannot review or get a copy of the child custody evaluation? A quick response would be most helpful. Thank you
Submitted: 6 years ago.
Category: Family Law
Expert:  Samuel II replied 6 years ago.

Hi

 

It's in the California Rules of the Court - here

 

 

i) Service of the evaluation report

A Notice Regarding Confidentiality of Child Custody Evaluation Report (form FL-328) must be attached as the first page of the child custody evaluation report when a court-ordered child custody evaluation report is filed with the clerk of the court and served on the parties or their attorneys, and any counsel appointed for the child, to inform them of the confidential nature of the report and the potential consequences for the unwarranted disclosure of the report.

 

3111. (a) In any contested proceeding involving child custody or
visitation rights, the court may appoint a child custody evaluator to
conduct a child custody evaluation in cases where the court
determines it is in the best interests of the child. The child
custody evaluation shall be conducted in accordance with the
standards adopted by the Judicial Council pursuant to Section 3117,
and all other standards adopted by the Judicial Council regarding
child custody evaluations. If directed by the court, the
court-appointed child custody evaluator shall file a written
confidential report on his or her evaluation. At least 10 days before
any hearing regarding custody of the child, the report shall be
filed with the clerk of the court in which the custody hearing will
be conducted and served on the parties or their attorneys, and any
other counsel appointed for the child pursuant to Section 3150. The
report may be considered by the court.
(b) The report shall not be made available other than as provided
in subdivision (a), or as described in Section 204 of the Welfare and
Institutions Code or Section 1514.5 of the Probate Code. Any
information obtained from access to a juvenile court case file, as
defined in subdivision (e) of Section 827 of the Welfare and
Institutions Code, is confidential and shall only be disseminated as
provided by paragraph (4) of subdivision (a) of Section 827 of the
Welfare and Institutions Code.
(c) The report may be received in evidence on stipulation of all
interested parties and is competent evidence as to all matters
contained in the report.
(d) If the court determines that an unwarranted disclosure of a
written confidential report has been made, the court may impose a
monetary sanction against the disclosing party. The sanction shall be
in an amount sufficient to deter repetition of the conduct, and may
include reasonable attorney's fees, costs incurred, or both, unless
the court finds that the disclosing party acted with substantial
justification or that other circumstances make the imposition of the
sanction unjust. The court shall not impose a sanction pursuant to
this subdivision that imposes an unreasonable financial burden on the
party against whom the sanction is imposed. This subdivision shall
become operative on January 1, 2010.
(e) The Judicial Council shall, by January 1, 2010, do the
following:
(1) Adopt a form to be served with every child custody evaluation
report that informs the report recipient of the confidentiality of
the report and the potential consequences for the unwarranted
disclosure of the report.
(2) Adopt a rule of court to require that, when a court-ordered
child custody evaluation report is served on the parties, the form
specified in paragraph (1) shall be included with the report.
(f) For purposes of this section, a disclosure is unwarranted if
it is done either recklessly or maliciously, and is not in the best
interests of the child.

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Samuel II and other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for responding to my email. Am I correct to say that no specific law exists forbidding evaluators/attorney to give a copy to the parties involved - respondent or petitioner? Am I correct to say that I could have requested a copy of the evaluation or verbal report from the evaluator or attorneys?
Expert:  Samuel II replied 6 years ago.

Hi

 

You are correct that your attorney could have shared it with you, unless otherwise Ordered by the Court. Or if you were pro se, you should have gotten a copy the same as any attorney.

 

 

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

 

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