Is it common practice to allow a parent to retake the 730 psych test because she was "OBVOLIOUSLY UNTRUTHFUL" at her first attempt? This has happened and is in the report.. should this be thrown out?
Evidence code section 730 means the Court's expert. It could be a custody evaluation or a business evaluation or real estate etc. I'm assuming you're discussing a custody elevator. It is not common practice to have a parent retake the test, and those test normally have the ability to determine deception and an expert would take that into consideration.
The report would not likely be thrown out and some experts don't consider the psychological outcomes as important as the rest of his or her evaluation. The psychological test is just one component of the expert's opinion.
The information provided is for informational purposes only. It is not intended to be legal advice and does not form an attorney client relationship.
In litigation, credibility is everything! I would say that your judge will take note of that comment by the evaluator.
I agree with what my colleagues have advised. Further, if you are unrepresented you should have an attorney in Court to make sure that the Judge is aware of the lack of credibility of your wife.
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