Can a family court judge in Orange County, California order parties to a divorce related dispute on child custody to waive their privilege with regards to any private discussions with a psychologist the parties might have had? For the appointment of a 730 evaluator one of the issues the two parties do not agree on is whether evaluator will have access to any medica, psychologist reports. So if judge is asked to make a ruling what will be the expected outcome? thank you!
Nobody can force you to waive right or privilege; however, the court may have the power to deem one or both do not exist and/or impose indirect consequences.
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
The 730 eval requires such access. The results of the eval remain private. If you want to keep your life private, use alternative methods of dispute resolution. Court is public.
All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 30 years. Ms. Straus regrets to report that you cannot get contact information about her in any way, shape or form, as Avvo wont let you. Good luck.
The prior answer , that a 730 evaluation "requires" a waiver is incorrect. A judge may determine that a party has waived the privilege by certain conduct, but cannot "order" someone to waive a privilege. This is one of many reasons that you should consult an experienced family law attorneyBEFORE the evaluation is done.
If a parties' mental wellbeing and ability to care for a child is put at issue, the court can permit this information to be discoverable to the other side and shared with the evaluator. You are not waiving a privilege but complying with the Cal Code of Civil Pricedure.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline