Child Custody Investigations

Family Code Division 8, Part 2, Chapter 6 deals with custody investigations and reports regarding the right to custody of minor children. Section 3110 defines the term “court-appointed investigator.”

Section 3110.5 provides that a person may be a court-connected or private child custody evaluator under this chapter only if the person has completed the domestic violence and child abuse training program. The Judicial Council was required to adopt a statewide rule of court that establishes education, experience, and training requirements for all child custody evaluators.

A person may be a child custody evaluator only if the person meets one of the six specified criteria. A child custody evaluator who is licensed by the Medical Board of California, the Board of Psychology, or the Board of Behavioral Sciences is subject to disciplinary action by that board for unprofessional conduct, as defined in the licensing law applicable to that licensee.

Section 3111 states that, in a contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator to conduct a child custody evaluation in cases where the court determines it is in the best interest of the child. The child custody evaluation is to be conducted in accordance with the standards adopted by the Judicial Council.

If directed by the court, the court-appointed child custody evaluator is required to file a written confidential report on the evaluation. A child custody evaluation, investigation, or assessment, and a resulting report, may be considered by the court only if it is conducted in accordance with the requirements set forth in the standards adopted by the Judicial Council.

The report may be received in evidence on stipulation of all interested parties and is competent evidence as to all matters contained in the report. If the court determines that an unwarranted disclosure of a written confidential report has been made, the court may impose a monetary sanction against the disclosing party.

Section 3112 provides that, where a court-appointed investigator is directed by the court to conduct a custody investigation or evaluation or to undertake visitation work, including necessary evaluation, supervision, and reporting, the court is required to inquire into the financial condition of the parent, guardian, or other person charged with the support of the minor. The repayment required is to be made to the court.

Section 3113 provides that, where there has been a history of domestic violence between the parties, or where a protective order is in effect, at the request of the party alleging domestic violence in a written declaration under penalty of perjury or at the request of a party who is protected by the order, the parties must meet with the court-appointed investigator separately and at separate times.

Section 3114 specifies that there is no prohibition on a court-appointed investigator from recommending to the court that counsel be appointed to represent the minor child. In making that recommendation, the court-appointed investigator is required to inform the court of the reasons why it would be in the best interest of the child to have counsel appointed.

Section 3115 explains that a written or oral statement cannot be held to constitute a waiver by a party of the right to cross-examine the court-appointed investigator, unless the statement is made, or the conduct occurs, after the report has been received by a party or the party’s attorney.

Section 3116 states that there is no limit on the duty of a court-appointed investigator to assist the appointing court in the transaction of the business of the court.

Section 3118 states that, in any contested proceeding involving child custody or visitation rights, where the court has appointed a child custody evaluator or has referred a case for a full or partial court-connected evaluation, investigation, or assessment, and the court determines that there is a serious allegation of child sexual abuse, the court is required to require an evaluation, investigation, or assessment pursuant to this section.

When the court has determined that there is a serious allegation of child sexual abuse, any child custody evaluation, investigation, or assessment conducted subsequent to that determination must be considered by the court only if the evaluation, investigation, or assessment is conducted in accordance with the minimum requirements 

When an allegation of child abuse arises in any other circumstances in any proceeding involving child custody or visitation rights, the court may require an evaluator or investigator to conduct an evaluation, investigation, or assessment pursuant to this section. The order appointing a child custody evaluator or investigator pursuant to this section is required to provide that the evaluator or investigator have access to all juvenile court records pertaining to the child who is the subject of the evaluation, investigation, or assessment.

In addition, the evaluator or investigator is required to do all six specified tasks. If the evaluator or investigator obtains information as part of a family court mediation, that information must be maintained in the family court file, which is not subject to subpoena by either party. If, however, the members of the family are the subject of an ongoing child welfare services investigation, or the evaluator or investigator has made a child welfare services referral, the evaluator or investigator must inform the family law judicial officer in writing and this information become part of the family law file.

The evaluator or investigator may not disclose any information regarding the identity of any person making a report of suspected child abuse. This section is not intended to limit any disclosure of information by any agency that is otherwise required by law or court order.

If the court orders an evaluation, investigation, or assessment pursuant to this section, the court is required to consider whether the best interests of the child require that a temporary order be issued that limits visitation with the parent against whom the allegations have been made to situations in which a third person specified by the court is present or whether visitation will be suspended or denied. This may be suspended if a petition is filed to declare the child a dependent child of the juvenile court and all information gathered by the evaluator or investigator is to be made available to the juvenile court.