|
730 Child Custody Evaluations
Barry C.
Spatz, Ph.D.,MFT
Court Appointed Child Custody Evaluation
2030 E. 4th St., #229
Santa Ana, CA 92705
Tel: (714)
547-6767
Fax: (949) 493-3131
PURPOSE OF THE EVALUATION:
The purpose of your child custody evaluation is
to gather information and perform an expert analysis of the health, safety, welfare of your child(ren) for the Family Court.
In turn, the Court will then make informed decisions about custody and visitation which will be in the best interests of
your child(ren). The goal is to improve your understanding of the changing relationships in your family so that you may improve
the ways in which you plan for your children.
PROCEDURES OF THE EVALUATION:
Normally, procedures will include
but not be limited to:
INTERVIEWS:
1. One joint interview of 90 Minutes up to two hours length with both parents,
or , if parents cannot be interviewed conjointly due to a restraining order, then two individual 90 minutes, up to two hours,
interviews.
2. One individual interview with each parent, for the purpose of taking a history and to learn each parent’s
goals for the evaluation and for their child(ren), each such interview to be of 90 Minutes up to two hours duration.
3.
One home visit at each parent’s home to meet the child(ren) and conduct initial parent-child observation, unless a restraining
order or current visitation schedule precludes it. Please note that during such home visits, all children and all family
members and live-in partners or roommates who live in that home should be present. If a parent has traveled from out of state
for the evaluation, provisions may be made to see that parent with child(ren) in a non-office setting whenever possible.
4.
One office visit with each parent and the child(ren), unless contraindicated, to protect the best interests of the child.
(This is the second parent-child observation). This may vary due to the age of the child(ren). The evaluator reserves the
right to use a licensed associate to assist him in some of the interviews and tasks necessary to complete the evaluation.
5.
Individual interviews of the child(ren) in the evaluator's office, when developmentally appropriate. Multiple children may
be seen individually and/or in various groupings, at the discretion of the evaluator.
6. New spouses, live-in partners,
and significant others will be interviewed and my be asked to undergo some psychological testing.
7. Interviews either
in person or over the phone will be conducted with each collateral person who the evaluator considers to be a possible source
of pertinent information. Generally, this could include teachers, childcare providers, pediatricians, religious practitioners,
and therapists, but can include others as well. The content of each of these interviews will remain confidential between
the party interviewed and the evaluator, except that relevant information will be included in the final written child custody
evaluation report. The evaluator will usually not interview friends or relatives, as they are often partial to one of the
parents. However, the evaluator may interview friends or relatives if the evaluator determines that such interviews will
assist in doing the evaluation.
8. At the end of the evaluation, each parent will participate in a final individual
interview with the evaluator, which will provide the opportunity to clarify any unresolved issues. This maybe by telephone,
e-mail, or in purpose, at the discretion of the evaluator.
PSYCHOLOGICAL TESTING:
Parents will be asked to
participate in psychological testing procedures deemed by the evaluator to be necessary for a thorough evaluation. Results
of the psychological testing will be incorporated into the evaluation report. If the evaluator deems it necessary to have
the child(ren) assessed through psychological testing, parents will be asked to consent to this procedure as well.
Testing
of adults may include buy may not be limited to :
* Minnesota Multiphasic Personality Inventory
* Physical Anxiety
Questionnaire
* Shipley Institute of Living scale
* and two or three other tests.
Note:
While information is available on the internet regarding these tests, much of it is inaccurate and misleading. It is strongly
advised that you not research these test prior to your evaluation, as doing so could negatively affect your evaluation.
Other types of evaluations, such as drug and alcohol assessments, may be conducted where the evaluator feels they are
indicated.
Testing of children may include but may not be limited to :
* Roberts
Apperception Test
* Kinetic Family Drawings
* Rorschach Inkblot Test -and-in rare occasions, referral to a child Psychologist/Specialist.
All
data collected during the course of the evaluation ( including psychological test data) shall be used to allow the evaluator
to observe and consider each party in comparable ways and to come to a sound and well-supported conclusion as to the child(ren)’s
developmental needs and best interest in the context of custody, visitation, and parenting issues.
DOCUMENT REVIEW:
Parents
will be asked to submit the evaluator a copy of all standing orders issued by the Family court. Both parents and their attorneys
are invited to send the evaluator any written material they think will be useful in determining the best interests of the
child(ren).
The parties will be asked to give the evaluator any and all aid requested in gaining access to any and
all records the evaluator feels would be important to review, including arrest records, police reports, child protective services
(CPS) records, medical records, court records, etc.
Any witness to any material fact at issue in the custody case may
submit a signed declaration made under penalty of perjury, to the evaluator, so long as such declaration is about facts (not
opinions) that are directly relevant to the health, safety and welfare of the child(ren).
PREPARATION OF WRITTEN REPORT:
The
evaluator will use all the information gathered to prepare a written report containing findings and recommendations. The
report will be provided to the court and to each party’s counsel, provided all fees are paid in full, and at least ten days
prior to any hearing or trial on custody or visitation. In the event that fees are not paid in full with the ten days prior
to a hearing, the hearing will have to be rescheduled. The evaluator may testify in court with respect to the information
gathered and observations made in the process of the evaluation, if called to testify by either party or by the court itself.
CONFIDENTIALITY
1. As all interviews and psychological test conducted pursuant to this matter are being conducted
for evaluation purposes, it must be understood that there is no confidentiality, Doctor-Patient privilege, or Patient privilege
as would be the case when psychological services are sought for purposes of psychotherapeutic counseling.
2. The
evaluator also reserves the right to share information with one parent that the other parent has shared with the evaluator.
The evaluator will not do this without regard for the feelings and confidence of either parent, and will not do this routinely
with information shared by either party. The purpose of any such disclosure will be to clarify issues and gather necessary
information for use in the evaluation process.
3. The evaluator my also obtain consultation from senior level child
custody evaluators or experts in specialized fields such as but no limited to domestic violence or drug abuse assessment,
although this will done without releasing parent’s names or unnecessary identifying data.
4. California state law requires
evaluator to make an oral and written report to the appropriate agencies in cases of (a) child abuse, (b) elder abuse, (c)
stated intention to injure another person, and (d) imminent danger of harming one’s self or inability to care for one’s self.
If the evaluator suspects that there is a danger of any of the above, the evaluator is mandated by California law to file
a report immediately.
FEES:
The custody evaluation fees are $175.00 per hour or higher, based on a 50 minute
office session. This includes not only time spent in face-to-face interviews, but also time spent on the telephone, reviewing
written material, correspondence, travel, scoring and interpreting psychological test data, and writing the evaluation report.
Appearance in Court, court preparation, and any other time invested in connection with serving as custody evaluator will also
be billed above the initial retainer quoted. Time spent in depositions or court appearances is billed at $250.00 per hour
or higher - see separate fee schedule.
RETAINER:
The evaluator requires that the stated fee be paid before
the first session to initiate the evaluation. In general, this means that each parent pays half or whatever the Court orders.
Payment must be made by cashier’s check or money order. Personal checks will not be accepted. The parties are responsible
for all costs which exceed the retainer. Initial retain is based upon a base of two adults and one child. More complex families
will require more time, hence more expense. Additional children involved, step or blended families, and unusual number of
collateral contracts will increase the base rate.
COSTS:
The evaluator shall be reimbursed for any extraordinary
expenses incurred in the course of the evaluation. These costs may include but are not limited to the following: photocopies,
messenger service, long-distance telephone charges, express and/or certified mail costs and excess postage to foreign countries,
parking, tolls, mileage, travel expenses, and consultations. The evaluator further requires that any remaining fees be paid
prior to the writing of the final report. The evaluator will provide a written accounting of all costs.
APPOINTMENT
CANCELLATION POLICY:
At least twenty-four hours’ notice is required to cancel or reschedule an appointment without
being charged in full for missed appointment. If at least twenty-four hours’ notice in not received, the parent who missed
the appointment will be billed an additional $175.000 per fifty minute appointment hour. If both participants miss an appointment,
they will each be billed an additional amount for half of the scheduled time, unless they agree to divide this cost otherwise,
and the evaluator agrees.
SETTLEMENT:
At any time during the course of the evaluation, parents are free to settle
their custody or visitation dispute between themselves if legally permitted. If an agreement is reached and a settlement
reached with the court, any unused portion of the fees paid by the parents to the evaluator will be refunded in proportion
to the amount each parent has paid versus the time the evaluator has used or scheduled. The amount of refund will be determined
by subtracting $175.00 per hour spent on the evaluation plus expenses incurred from the amount collected from both parents.
MAINTENANCE
OF EVALUATOR’S NEUTRALITY AFTER THE REPORT IS
SUBMITTED TO THE COURT:
After the report is released, the evaluator
is willing to discuss any aspect of the report with the court-appointed mediator, both attorneys, or both parents at the same
time, either in person or by conference call. Beyond that, the evaluator will refrain from substantive contact with either
parent or any other party to the evaluation, unless all parties agree to further evaluation services. This policy enables
the evaluator to continue to provide input regarding what the evaluator considers to be in the child(ren)’s best interests.
SIGNATURES:
I have read and understand the above agreement, and have had the opportunity to ask any questions I
had about it. All such questions have been explained to my satisfaction. I have further been given the opportunity to seek
the advice of an attorney as to the legal implications agreeing to sign this agreement before doing so. I have either opted
to seek such legal advice, or opted not to, at my own discretion and risk.
Dated:___________ _______________________Parent
A (Petitioner)
Dated: __________ _________________________(Attorney for Petitioner)
(if
possible before the Evaluation begins)
Dated: __________ _________________________Parent B (Respondent)
Dated:
__________ _______________________(Attorney for Respondent)
(if possible before the
Evaluation begins)
Dated:_____________ ____________________________ 730 Evaluator
(Remainder of page left intentionally blank)
|
