Option #11 was marked on the “ Order appointing Child Custody Evaluation “. Does this broad statment transulate to granting all rights to the evaluator to decide what type of evaluation can be submitted? Even though the boxes all reference child custody evaluation? The respondent did not submit a motion for a move away, nor a notice, nor followed the court order to make aware within 45 days of the intent to move. The evaluator testified in court after the evaluation was submitted that the respondent's attorney was considering a move away. If the atty and the evaluator were discussing a move away during the interview process isnt rhat an ex parte violation?
I do believe that a custody evaluator can generally address move away questions. Why would anyone want to go through a separate evaluation just on that question?
Ex parte communications with a custody evaluator are not forbidden, per se, but it is important that everyone agree what issues are being addressed. It sounds as though there was an unfortunate lack of transparency in this case. If one party and the evaluator thought that they were addressing a move-away, then they should have made sure that you also understood that this was on the table.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
While the Options checked on the form can be a nice guideline for the Evaluation, there may be all types of issues that come up in an evaluation and the it's often the evaluators job to provide recommendations to the judge of whatever issues come up during the evaluation (especially those that might come up again soon to avoid yet another evaluation). So, sure, the evaluator is not bound to only discussing the issues on the form- but they are bound to get those issues answered. And, if the evaluator gives his or her recommendation to other things and it comes up in court -- the judge can do almost anything with that recommendation including approving a move away order or disregarding it - it's up to the judge.
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