How Do I Fight the Mediator's Recommendation in a California Divorce?

Full question:

If I have joint legal and physical custody, can the other parent send our child to a psychologist without my consent? And use use there opinion in court. Based upon the fact she is a respected mediation counselor in another city but she saw may daughter as apart of her private practice. Also my ex wife was also an executive secretary in the county court offices. We have two children son and a daughter my son who is the oldest has not spoken with the psychologist but the mediator in the case still went with the recommendation of the psychologist to reduce my visitation. Is there anyway to fight this?

• Category: Divorce
• Subcategory: Visitation
• Date: 04/07/2025
• State: California

Answer:

Typically, a court will allow a psychologist's opinion to be consulted as long as not prevented by the terms of the divorce decree and/or parenting plan. Expert witness testimony is typically allowed as long as the expert is qualified in his/her field. A court may also order an evaluation. California law mandates mediation in every case where custody or visitation is contested. The purpose of mediation is to reduce the conflict and to develop an agreement assuring the children's close and continuing contact with both parents after the separation. The mediator is appointed by the court and must meet various educational qualifications prescribed by law. The court can take the recommendations of the mediator, but it is ultimately a decision made by the court.

The testimony given by the expert witness is typically challenged on cross-examination or by raising an objection. If objections aren't raised at the time of testifying, they may be waived on appeal. Opposing witness testimony is typically presented by the opposing pary's expert(s), hence the phrase, "battle of the experts" is used to describe such scenarios in court.

In many California counties, if an agreement is not reached, the mediator will make a recommendation to the court. At that time, either party may request that the recommendation be made an order of the cCourt. Either party may also dispute the recommendation and request a hearing. No agreement or recommendation is legally effective between the parties unless it has been made an order of the court. The mediator may interview the child or children during this process. The options available depend on whether the mediation was court ordered or private mediation. I strongly suggest you consult a local divorce attorney, as it is difficult to represent yourself successfully in contested custody matters.

Please see the information below to determine applicability:

http://www.saccourt.ca.gov/forms/docs/fl-lf-13d.pdf

Please see the following CA laws:

RULE 5.210. COURT-CONNECTED CHILD CUSTODY MEDIATION

(a) Authority

This rule of court is adopted under article VI, section 6
of the California Constitution and Family Code sections 211,
3160, and 3162(a).

(b) Purpose

This rule sets forth standards of practice and
administration for court-connected child custody mediation
services that are consistent with the requirements
of Family Code section 3161.

(c) Definitions

(1) "Best interest of the child" is defined in Family Code
section 3011.

(2) "Parenting plan" is a plan describing how parents
or other appropriate parties will share and divide their
decision making and caretaking responsibilities to protect
the health, safety, welfare, and best interest of each
child who is a subject of the proceedings.

(d) Responsibility for mediation services

(1) Each court must ensure that:

(A) Mediators are impartial, competent, and uphold the
standards of practice contained in this rule of court.

(B) Mediation services and case management procedures
implement state law and allow sufficient time for parties
to receive orientation, participate fully in mediation, and
develop a comprehensive parenting plan without unduly
compromising each party's right to due process and a timely
resolution of the issues.

(C) Mediation services demonstrate accountability by:

(i) Providing for acceptance of and response to complaints
about a mediator's performance;

(ii) Participating in statewide data collection efforts;
and

(iii) Disclosing the use of interns to provide mediation
services.

(D) The mediation program uses a detailed intake process
that screens for, and informs the mediator about, any
restraining orders or safety-related issues affecting any
party or child named in the proceedings to allow compliance
with relevant law or court rules before mediation begins.

(E) Whenever possible, mediation is available from
bilingual mediators or other interpreter services that meet
the requirements of Evidence Code sections 754(f) and 755(a)
and section 18 of the California Standards of Judicial
Administration.

(F) Mediation services protect, in accordance with existing
law, party confidentiality in:

(i) Storage and disposal of records and any personal
information accumulated during the mediation process;

(ii) Interagency coordination or cooperation regarding a
particular family or case; and

(iii) Management of child abuse reports and related
documents.

(G) Mediation services provide a written description
of limitations on the confidentiality of the process.

(H) Within one year of the adoption of this rule, the court
adopts a local court rule regarding ex parte
communications.

(2) Each court-connected mediator must:

(A) Maintain an overriding concern to integrate the child's
best interest within the family context;

(B) Inform the parties and any counsel for a minor child if
the mediator will make a recommendation to the court as
provided under Family Code section 3184; and

(C) Use reasonable efforts and consider safety issues to:

(i) Facilitate the family's transition and reduce acrimony
by helping the parties improve their communication skills,
focus on the child's needs and areas of stability, identify
the family's strengths, and locate counseling or other
services;

(ii) Develop a comprehensive parenting agreement that
addresses each child's current and future developmental
needs; and

(iii) Control for potential power imbalances between the
parties during mediation.

(e) Mediation process

All court-connected mediation processes must be conducted
in accordance with state law and include:

(1) Review of the intake form and court file, if available,
before the start of mediation;

(2) Oral or written orientation or parent education that
facilitates the parties' informed and self-determined
decision making about:

(A) The types of disputed issues generally discussed in
mediation and the range of possible outcomes from the
mediation process;

(B) The mediation process, including the mediator's role;
the circumstances that may lead the mediator to make a
particular recommendation to the court; limitations on the
confidentiality of the process; and access to information
communicated by the parties or included in the mediation
file;

(C) How to make best use of information drawn from current
research and professional experience to facilitate the
mediation process, parties' communication, and co-parenting
relationship; and

(D) How to address each child's current and future
developmental needs;

(3) Interviews with children at the mediator's discretion
and consistent with Family Code section 3180(a). The
mediator may interview the child alone or together with
other interested parties, including stepparents, siblings,
new or step-siblings, or other family members significant
to the child. If interviewing a child, the mediator must:

(A) Inform the child in an age-appropriate way of the
mediator's obligation to disclose suspected child abuse and
neglect and the local policies concerning disclosure of the
child's statements to the court; and

(B) With parental consent, coordinate interview and
information exchange among agency or private professionals
to reduce the number of interviews a child might
experience;

(4) Assistance to the parties, without undue influence
or personal bias, in developing a parenting plan that protects
the health, safety, welfare, and best interest of the child
and that optimizes the child's relationship with each party
by including, as appropriate, provisions for supervised
visitation in high-risk cases; designations for legal and
physical custody; a description of each party's authority
to make decisions that affect the child; language that
minimizes legal, mental health, or other jargon; and a
detailed schedule of the time a child is to spend with each
party, including vacations, holidays, and special
occasions, and times when the child's contact with a party
may be interrupted;

(5) Extension of time to allow the parties to gather
additional information if the mediator determines that such
information will help the discussion proceed in a fair and
orderly manner or facilitate an agreement;

(6) Suspension or discontinuance of mediation if
allegations of child abuse or neglect are made until a
designated agency performs an investigation and reports a
case determination to the mediator;

(7) Termination of mediation if the mediator believes that
he or she is unable to achieve a balanced discussion
between the parties;

(8) Conclusion of mediation with:

(A) A written parenting plan summarizing the parties'
agreement or mediator's recommendation that is given to
counsel or the parties before the recommendation is
presented to the court; and

(B) A written or oral description of any subsequent case
management or court procedures for resolving one or more
outstanding custody or visitation issues, including
instructions for obtaining temporary orders;

(9) Return to mediation to resolve future custody
or visitation disputes.

(f) Training, continuing education, and experience
requirements for mediator, mediation supervisor, and family
court services director

As specified in Family Code sections 1815 and 1816:

(1) All mediators, mediation supervisors, and family court
service directors must:

(A) Complete a minimum of 40 hours of custody and
visitation mediation training within the first six months
of initial employment as a court-connected mediator;

(B) Annually complete 8 hours of related continuing
education programs, conferences, and workshops. This
requirement is in addition to the annual 4-hour domestic
violence update training described in rule 5.215; and

(C) Participate in performance supervision and peer review.

(2) Each mediation supervisor and family court services
director must complete at least 24 hours of additional
training each calendar year. This requirement may be
satisfied in part by the domestic violence training
required by Family Code section 1816.

(g) Education and training providers

Only education and training acquired from eligible
providers meet the requirements of this rule. "Eligible
providers" includes the Administrative Office of the Courts
and may include educational institutions, professional
associations, professional continuing education groups,
public or private for-profit or not-for-profit groups, and
court-connected groups.

(1) Eligible providers must:

(A) Ensure that the training instructors or consultants
delivering the education and training programs either meet
the requirements of this rule or are experts in the subject
matter;

(B) Monitor and evaluate the quality of courses, curricula,
training, instructors, and consultants;

(C) Emphasize the importance of focusing child custody
mediations on the health, safety, welfare, and best
interest of the child;

(D) Develop a procedure to verify that participants
complete the education and training program; and

(E) Distribute a certificate of completion to each person
who has completed the training. The certificate must
document the number of hours of training offered, the
number of hours the person completed, the dates of the
training, and the name of the training provider.

(2) Effective July 1, 2005, all education and training
programs must be approved by the Administrative Office
of the Courts.

(h) Ethics

Mediation must be conducted in an atmosphere that
encourages trust in the process and a perception
of fairness. To that end, mediators must:

(1) Meet the practice and ethical standards of the
Code of Ethics for the Court Employees of California and of related
law;

(2) Maintain objectivity, provide and gather balanced
information for both parties, and control for bias;

(3) Protect the confidentiality of the parties and the
child in making any collateral contacts and not release
information about the case to any individual except as
authorized by the court or statute;

(4) Not offer any recommendations about a party unless that
party has been evaluated directly or in consultation with
another qualified neutral professional;

(5) Consider the health, safety, welfare, and best interest
of the child in all phases of the process, including
interviews with parents, extended family members, counsel
for the child, and other interested parties or collateral
contacts;

(6) Strive to maintain the confidential relationship
between the child who is the subject of an evaluation and
his or her treating psychotherapist;

(7) Operate within the limits of his or her training and
experience and disclose any limitations or bias that would
affect his or her ability to conduct the mediation;

(8) Not require children to state a custodial preference;

(9) Not disclose any recommendations to the parties, their
attorneys, or the attorney for the child before having
gathered the information necessary to support the
conclusion;

(10) Disclose to the court, parties, attorneys for the
parties, and attorney for the child conflicts of interest
or dual relationships and not accept any appointment except
by court order or the parties' stipulation;

(11) Be sensitive to the parties' socioeconomic status,
gender, race, ethnicity, cultural values, religion, family
structures, and developmental characteristics; and

(12) Disclose any actual or potential conflicts
of interest. In the event of a conflict of interest, the
mediator must suspend mediation and meet and confer in an
effort to resolve the conflict of interest to the
satisfaction of all parties or according to local court
rules. The court may order mediation to continue with
another mediator or offer the parties alternatives. The
mediator cannot continue unless the parties agree in
writing to continue mediation despite the disclosed
conflict of interest.

RULE 5.220. COURT-ORDERED CHILD CUSTODY EVALUATIONS

(a) Authority

This rule of court is adopted under Family Code
sections 211 and 3117.

(b) Purpose

Courts order child custody evaluations, investigations, and
assessments to assist them in determining the health,
safety, welfare, and best interest of children with regard
to disputed custody and visitation issues. This rule
governs both court-connected and private child custody
evaluators appointed under Family Code section 3111,
Evidence Code section 730, or Code of Civil Procedure
section 2032.

(c) Definitions

For purposes of this rule:

(1) A "child custody evaluator" is a court-appointed
investigator as defined in Family Code section 3110.

(2) The "best interest of the child" is as defined in
Family Code section 3011.

(3) A "child custody evaluation" is an expert investigation
and analysis of the health, safety, welfare, and best
interest of children with regard to disputed custody and
visitation issues.

(4) A "full evaluation, investigation, or assessment" is a
comprehensive examination of the health, safety, welfare,
and best interest of the child.

(5) A "partial evaluation, investigation, or assessment" is
an examination of the health, safety, welfare, and best
interest of the child that is limited by court order in
either time or scope.

(6) "Evaluation," "investigation," and "assessment" are
synonymous.

(d) Responsibility for evaluation services

(1) Each court must:

(A) Adopt a local rule by January 1, 2000, to:

(i) Implement this rule of court;

(ii) Determine whether a peremptory challenge to a
court-appointed evaluator is allowed and when the challenge
must be exercised. The rules must specify whether a family
court services staff member, other county employee, a
mental health professional, or all of them may be
challenged;

(iii) Allow evaluators to petition the court to withdraw
from a case;

(iv) Provide for acceptance of and response to complaints
about an evaluator's performance; and

(v) Address ex parte communications.

(B) Give the evaluator, before the evaluation begins, a
copy of the court order that specifies:

(i) The appointment of the evaluator under Evidence Code
section 730, Family Code section 3110, or Code of Civil
Procedure 2032; and

(ii) The purpose and scope of the evaluation.

(C) Require child custody evaluators to adhere to the
requirements of this rule.

(D) Determine and allocate between the parties any fees
or costs of the evaluation.

(2) The child custody evaluator must:

(A) Consider the health, safety, welfare, and best interest
of the child within the scope and purpose of the evaluation
as defined by the court order;

(B) Strive to minimize the potential for psychological
trauma to children during the evaluation process; and

(C) Include in the initial meeting with each child an
age-appropriate explanation of the evaluation process,
including limitations on the confidentiality of the
process.

(e) Scope of evaluations

All evaluations must include:

(1) A written explanation of the process that clearly
describes the:

(A) Purpose of the evaluation;

(B) Procedures used and the time required to gather and
assess information and, if psychological tests will be
used, the role of the results in confirming or questioning
other information or previous conclusions;

(C) Scope and distribution of the evaluation report;

(D) Limitations on the confidentiality of the process; and

(E) Cost and payment responsibility for the evaluation.

(2) Data collection and analysis that are consistent with
the requirements of Family Code section 3118; that allow
the evaluator to observe and consider each party in
comparable ways and to substantiate (from multiple sources
when possible) interpretations and conclusions regarding
each child's developmental needs; the quality of attachment
to each parent and that parent's social environment; and
reactions to the separation, divorce, or parental conflict.
This process may include:

(A) Reviewing pertinent documents related to custody,
including local police records;

(B) Observing parent-child interaction (unless
contraindicated to protect the best interest of the child);

(C) Interviewing parents conjointly, individually, or both
conjointly and individually (unless contraindicated in
cases involving domestic violence), to assess:

(i) Capacity for setting age-appropriate limits and for
understanding and responding to the child's needs;

(ii) History of involvement in caring for the child;

(iii) Methods for working toward resolution of the child
custody conflict;

(iv) History of child abuse, domestic violence, substance
abuse, and psychiatric illness; and

(v) Psychological and social functioning;

(D) Conducting age-appropriate interviews and observation
with the children, both parents, stepparents, step- and
half-siblings conjointly, separately, or both conjointly
and separately, unless contraindicated to protect the best
interest of the child;

(E) Collecting relevant corroborating information
or documents as permitted by law; and

(F) Consulting with other experts to develop information
that is beyond the evaluator's scope of practice or area
of expertise.

(3) A written or oral presentation of findings that is
consistent with Family Code section 3111, Family Code
section 3118, or Evidence Code section 730. In any
presentation of findings, the evaluator must:

(A) Summarize the data-gathering procedures, information
sources, and time spent, and present all relevant
information, including information that does not support
the conclusions reached;

(B) Describe any limitations in the evaluation that result
from unobtainable information, failure of a party to
cooperate, or the circumstances of particular interviews;

(C) Only make a custody or visitation recommendation for a
party who has been evaluated. This requirement does not
preclude the evaluator from making an interim
recommendation that is in the best interest of the child;
and

(D) Provide clear, detailed recommendations that are
consistent with the health, safety, welfare, and best
interest of the child if making any recommendations to the
court regarding a parenting plan.

(f) Cooperation with professionals in another
jurisdiction

When one party resides in another jurisdiction, the custody
evaluator may rely on another qualified neutral
professional for assistance in gathering information. In
order to ensure a thorough and comparably reliable
out-of-jurisdiction evaluation, the evaluator must:

(1) Make a written request that includes, as appropriate:

(A) A copy of all relevant court orders;

(B) An outline of issues to be explored;

(C) A list of the individuals who must or may be contacted;

(D) A description of the necessary structure and setting
for interviews;

(E) A statement as to whether a home visit is required;

(F) A request for relevant documents such as police
records, school reports, or other document review; and

(G) A request that a written report be returned only to the
evaluator and that no copies of the report be distributed
to parties or attorneys;

(2) Provide instructions that limit the out-of-jurisdiction
report to factual matters and behavioral observations
rather than recommendations regarding the overall custody
plan; and

(3) Attach and discuss the report provided by the
professional in another jurisdiction in the evaluator's
final report.

(g) Requirements for evaluator qualifications, training,
continuing education, and experience

All child custody evaluators must meet the qualifications,
training, and continuing education requirements specified
in Family Code sections 1815, 1816, and 3111, and rules 5.225
and 5.230.

(h) Ethics

In performing an evaluation, the child custody evaluator
must:

(1) Maintain objectivity, provide and gather balanced
information for both parties, and control for bias;

(2) Protect the confidentiality of the parties and children
in collateral contacts and not release information about
the case to any individual except as authorized by the
court or statute;

(3) Not offer any recommendations about a party unless that
party has been evaluated directly or in consultation with
another qualified neutral professional;

(4) Consider the health, safety, welfare, and best interest
of the child in all phases of the process, including
interviews with parents, extended family members, counsel
for the child, and other interested parties or collateral
contacts;

(5) Strive to maintain the confidential relationship
between the child who is the subject of an evaluation and
his or her treating psychotherapist;

(6) Operate within the limits of the evaluator's training
and experience and disclose any limitations or bias that
would affect the evaluator's ability to conduct the
evaluation;

(7) Not pressure children to state a custodial preference;

(8) Inform the parties of the evaluator's reporting
requirements, including, but not limited to, suspected
child abuse and neglect and threats to harm one's self
or another person;

(9) Not disclose any recommendations to the parties, their
attorneys, or the attorney for the child before having
gathered the information necessary to support the
conclusion;

(10) Disclose to the court, parties, attorney for a party,
and attorney for the child conflicts of interest or dual
relationships; and not accept any appointment except by
court order or the parties' stipulation; and

(11) Be sensitive to the socioeconomic status, gender,
race, ethnicity, cultural values, religion, family
structures, and developmental characteristics of the
parties.

(i) Cost-effective procedures for cross-examination
of evaluators

Each local court must develop procedures for expeditious
and cost-effective cross-examination of evaluators,
including, but not limited to, consideration of the
following:

(1) Videoconferences;

(2) Telephone conferences;

(3) Audio or video examination; and

(4) Scheduling of appearances.

RULE 5.225. APPOINTMENT REQUIREMENTS FOR CHILD CUSTODY
EVALUATORS

(a) Purpose

This rule provides the licensing, education and training,
and experience requirements for child custody evaluators
who are appointed to conduct full or partial child custody
evaluations under Family Code sections 3111 and 3118,
Evidence Code section 730, or chapter 15 (commencing with
section 2032.010) of title 4 of part 4 of the Code of Civil
Procedure. This rule is adopted as mandated by Family Code
section 3110.5.

(b) Definitions

For purposes of this rule:

(1) A "child custody evaluator" is a court-appointed
investigator as defined in Family Code section 3110.

(2) A "child custody evaluation" is an investigation and
analysis of the health, safety, welfare, and best interest
of a child with regard to disputed custody and visitation
issues conducted under Family Code sections 3111 and 3118,
Evidence Code section 730, or Code of Civil Procedure
section 2032.010 et seq.

(3) A "full evaluation, investigation, or assessment" is a
child custody evaluation that is a comprehensive
examination of the health, safety, welfare, and best
interest of the child.

(4) A "partial evaluation, investigation, or assessment" is
a child custody evaluation that is limited by the court in
terms of its scope.

(5) The terms "evaluation," "investigation," and
"assessment" are synonymous.

(6) "Best interest of the child" is described in Family
Code section 3011.

(7) A "court-connected evaluator" is a superior court
employee or a person under contract with a superior court
who conducts child custody evaluations.

(c) Licensing requirements

A person appointed as a child custody evaluator meets the
licensing criteria established by Family Code
section 3110.5(c)(1)-(5), if:

(1) The person is licensed as a:

(A) Physician and is either a board certified psychiatrist
or has completed a residency in psychiatry;

(B) Psychologist;

(C) Marriage and family therapist; or

(D) Clinical social worker.

(2) A person may be appointed as an evaluator even if he
or she does not have a license as described in (c)(1) if:

(A) The court certifies that the person is a
court-connected evaluator who meets all the qualifications
specified in (i); or

(B) The court finds that ail the following criteria have
been met:

(i) There are no licensed or certified evaluators who are
willing and available, within a reasonable period of time,
to perform child custody evaluations;

(ii) The parties stipulate to the person; and

(iii) The court approves the person.

(d) Education and training requirements

Before appointment, a child custody evaluator must complete
40 hours of education and training, which must include all
the following topics:

(1) The psychological and developmental needs of children,
especially as those needs relate to decisions about child
custody and visitation;

(2) Family dynamics, including, but not limited to,
parent-child relationships, blended families, and extended
family relationships;

(3) The effects of separation, divorce, domestic violence,
child sexual abuse, child physical or emotional abuse
or neglect, substance abuse, and interparental conflict on the
psychological and developmental needs of children and
adults;

(4) The assessment of child sexual abuse issues required by
Family Code section 3118; local procedures for handling
child sexual abuse cases; the effect that court procedures
may have on the evaluation process when there are
allegations of child sexual abuse; and the areas
of training required by Family Code section 3110.5(b)(2)(A)-(F),
as listed below:

(A) Children's patterns of hiding and disclosing sexual
abuse in a family setting;

(B) The effects of sexual abuse on children;

(C) The nature and extent of sexual abuse;

(D) The social and family dynamics of child sexual abuse;

(E) Techniques for identifying and assisting families
affected by child sexual abuse; and

(F) Legal rights, protections, and remedies available to
victims of child sexual abuse;

(5) The significance of culture and religion in the lives
of the parties;

(6) Safety issues that may arise during the evaluation
process and their potential effects on all participants in
the evaluation;

(7) When and how to interview or assess adults, infants,
and children; gather information from collateral sources;
collect and assess relevant data; and recognize the limits
of data sources' reliability and validity;

(8) The importance of addressing issues such as general
mental health, medication use, and learning or physical
disabilities;

(9) The importance of staying current with relevant
literature and research;

(10) How to apply comparable interview, assessment, and
testing procedures that meet generally accepted clinical,
forensic, scientific, diagnostic, or medical standards to
all parties;

(11) When to consult with or involve additional experts
or other appropriate persons;

(12) How to inform each adult party of the purpose, nature,
and method of the evaluation;

(13) How to assess parenting capacity and construct
effective parenting plans;

(14) Ethical requirements associated with the child custody
evaluator's professional license and rule 5.220;

(15) The legal context within which child custody and
visitation issues are decided and additional legal and
ethical standards to consider when serving as a child
custody evaluator;

(16) The importance of understanding relevant distinctions
among the roles of evaluator, mediator, and therapist;

(17) How to write reports and recommendations, where
appropriate;

(18) Mandatory reporting requirements and limitations on
confidentiality;

(19) How to prepare for and give court testimony;

(20) How to maintain professional neutrality and
objectivity when conducting child custody evaluations; and

(21) The importance of assessing the health, safety,
welfare, and best interest of the child or children
involved in the proceedings.

(e) Additional training requirements

In addition to the requirements described in this rule,
before appointment, child custody evaluators must comply
with the basic and advanced domestic violence training
requirements described in rule 5.230.

(f) Authorized education and training

The education and training described in (d) must be
completed:

(1) After January 1, 2000;

(2) Through an eligible provider under this rule; and

(3) By either:

(A) Attending and participating in an approved course; or

(B) Serving as an instructor in an approved course. Each
course taught may be counted only once. Instructors may
claim and receive credit for only actual classroom time.

(g) Experience requirements

To satisfy the experience requirements of this rule,
persons appointed as child custody evaluators must have
participated in the completion of at least four partial
or full court-appointed child custody evaluations within the
preceding three years, as described below. Each of the four
child custody evaluations must have resulted in a written
or an oral report.

(1) The child custody evaluator participates in the
completion of the child custody evaluations if the
evaluator:

(A) Independently conducted and completed the child custody
evaluation; or

(B) Materially assisted another child custody evaluator who
meets all the following criteria:

(i) Licensing or certification requirements in (c);

(ii) Education and training requirements in (d);

(iii) Basic and advanced domestic violence training in (e);

(iv) Experience requirements in (g)(1)(A) or (g)(2); and

(v) Continuing education and training requirements in (h).

(2) For purposes of appointment:

(A) An evaluator is deemed to be in compliance with the
experience requirements of this rule until December 31, 2009,
if he or she:

(i) Completed or supervised three court-appointed partial
or full child custody evaluations, including a written
or an oral report between January 1, 2000, and July 1, 2003;
or

(ii) Conducted six child custody evaluations in
consultation with another professional who met the
experience requirements of the rule.

(B) Effective January 1, 2010, an evaluator who is deemed
to be in compliance with the experience requirements
described in (A) must participate in the completion of at
least four partial or full court-appointed child custody
evaluations in the preceding three years as described in
(g)(1) to remain in compliance with the experience
requirements of this rule.

(3) The court may appoint an individual to conduct the
child custody evaluation who does not meet the experience
requirements described in (1), if the court finds that all
the following criteria have been met:

(A) There are no evaluators who meet the experience
requirements of this rule who are willing and available,
within a reasonable period of time, to perform child
custody evaluations;

(B) The parties stipulate to the person; and

(C) The court approves the person.

(4) Those who supervise court-connected evaluators:

(A) Meet the experience requirements of this rule by
conducting or materially assisting in the completion of at
least four partial or full court-connected child custody
evaluations in the preceding three years; or

(B) If employed as of January 1, 2007, are deemed to comply
with the experience requirements of this rule until
December 31, 2009. Effective January 1, 2010, these persons
meet the experience requirements by conducting
or materially assisting in the completion of at least four
partial or full court-connected child custody evaluations
in the preceding three years.

(h) Continuing education and training requirements

After completing the education and training requirements
described in (d) and (e), persons appointed as child
custody evaluators must annually complete the:

(1) Domestic violence update training described in
rule 5.230; and

(2) Eight hours of update training covering the subjects
described in (d).

(i) Court-connected evaluators

A court-connected evaluator who does not meet the education
and training requirements in (d) may conduct child custody
evaluations if, before appointment, he or she:

(1) Completed at least 20 of the 40 hours of education and
training required by (d);

(2) Completes the remaining hours of education and training
required by (d) within 12 months of conducting his or her
first evaluation as a court-connected child custody
evaluator;

(3) Complied with the basic and advanced domestic violence
training requirements under Family Code sections 1816 and
3110.5 and rule 5.230;

(4) Complies with the experience requirements in (g); and

(5) Is supervised by a court-connected child custody
evaluator who meets the requirements of this rule.

(j) Responsibility of the courts

Each court:

(1) Must develop local court rules that:

(A) Provide for acceptance of and response to complaints
about an evaluator's performance; and

(B) Establish a process for informing the public about how
to find qualified evaluators in that jurisdiction;

(2) Must use an Order Appointing Child Custody
Evaluator (form FL-327) to appoint a private child
custody evaluator or a court-connected evaluation service.
Form FL-327 may be supplemented with local court forms;

(3) Must provide the Judicial Council with a copy of any
local court forms used to implement this rule;

(4) As feasible and appropriate, may confer with education
and training providers to develop and deliver curricula
of comparable quality and relevance to child custody
evaluations for both court-connected and private child
custody evaluators; and

(5) Must use form Declaration of Court-Connected Child
Custody Evaluator Regarding Qualifications (form FL-325)
to certify that court-connected evaluators have met all the
qualifications for court-connected evaluators under this
rule for a given year. Form FL-325 may be supplemented with
local court rules or forms.

(k) Child custody evaluator

A person appointed as a child custody evaluator must:

(1) Submit to the court a declaration indicating compliance
with all applicable education, training, and experience
requirements:

(A) Court-connected child custody evaluators practicing as
of January 1 of a given year must submit a Declaration
of Court-Connected Child Custody Evaluator Regarding
Qualifications (form FL-325) to the court executive
officer or his or her designee by January 30 of that year.
Court-connected evaluators beginning practice after January
1 must file form FL-325 before any work on the first child
custody evaluation has begun and by January 30 of every
year thereafter; and

(B) Private child custody evaluators must complete a
Declaration of Private Child Custody Evaluator Regarding
Qualifications (form FL-326) and file it with the
clerk's office no later than 10 days after notification
of each appointment and before any work on each child custody
evaluation has begun;

(2) At the beginning of the child custody evaluation,
inform each adult party of the purpose, nature, and method
of the evaluation, and provide information about the
evaluator's education, experience, and training;

(3) Use interview, assessment, and testing procedures that
are consistent with generally accepted clinical, forensic,
scientific, diagnostic, or medical standards;

(4) Have a license in good standing if licensed at the time
of appointment, except as described in (c)(2) and Family
Code section 3110.5(d);

(5) Be knowledgeable about relevant resources and service
providers; and

(6) Before undertaking the evaluation or at the first
practical moment, inform the court, counsel, and parties
of possible or actual multiple roles or conflicts of interest.

(l) Use of interns

Court-connected and court-appointed child custody
evaluators may use interns to assist with the child custody
evaluation, if:

(1) The evaluator:

(A) Before or at the time of appointment, fully discloses
to the parties and attorneys the nature and extent of the
intern's participation in the evaluation;

(B) Obtains the written agreement of the parties and
attorneys as to the nature and extent of the intern's
participation in the evaluation after disclosure;

(C) Ensures that the extent, kind, and quality of work
performed by the intern being supervised is consistent with
the intern's training and experience;

(D) Is physically present when the intern interacts with
the parties, children, or other collateral persons in the
evaluation; and

(E) Ensures compliance with all laws and regulations
governing the professional practice of the supervising
evaluator and the intern.

(2) The interns:

(A) Are enrolled in a master's or doctorate program or have
obtained a graduate degree qualifying for licensure
or certification as a clinical social worker, marriage and
family therapist, psychiatrist, or psychologist;

(B) Are currently completing or have completed the
coursework necessary to qualify for their degree in the
subjects of child abuse assessment and spousal or partner
abuse assessment; and

(C) Comply with the applicable laws related to the practice
of their profession in California when interns are:

(i) Accruing supervised professional experience as defined
in the California Code of Regulations; and

(ii) Providing professional services for a child custody
evaluator that fall within the lawful scope of practice as
a licensed professional.

(m) Education and training providers

"Eligible providers" includes the Administrative Office
of the Courts and may include educational institutions,
professional associations, professional continuing
education groups, public or private for-profit
or not-for-profit groups, and court-connected groups. Eligible
providers must:

(1) Ensure that the training instructors or consultants
delivering the training and education programs either meet
the requirements of this rule or are experts in the subject
matter;

(2) Monitor and evaluate the quality of courses, curricula,
training, instructors, and consultants;

(3) Emphasize the importance of focusing child custody
evaluations on the health, safety, welfare, and best
interest of the child;

(4) Develop a procedure to verify that participants
complete the education and training program;

(5) Distribute a certificate of completion to each person
who has completed the training. The certificate must
document the number of hours of training offered, the
number of hours the person completed, the dates of the
training, and the name of the training provider; and

(6) Meet the approval requirements described in (n).

(n) Program approval required

All education and training programs must be approved by the
Administrative Office of the Courts. Education and training
courses that were taken between January 1, 2000, and
July 1, 2003, may be applied toward the requirements of this
rule if they addressed the subjects listed in (d) and either
were certified or approved for continuing education credit by
a professional provider group or were offered as part of a
related postgraduate degree or licensing program.

See also:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3160-3165
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3170-3173
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3190-3192
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3100-3105