By H. William Edgar | Edgar & Dow
When a judge orders a Family Code § 3111 evaluation, I read the appointment before preparing the client for the interview. California Rules of Court, rule 5.220 requires the order to identify the purpose and scope. That tells us whether the evaluator is looking at the whole parenting plan or a narrower dispute.
Family Code section 3111 permits a court to appoint a child custody evaluator when the court determines it is in the child’s best interest. Evidence Code section 730 provides a mechanism for court-appointed experts. Review the appointment for authority, scope, deadlines, fees, and whether the evaluation is comprehensive or limited to specified questions. Rule 5.220 governs court-ordered child custody evaluations.
Identify the disputed issues and provide relevant records through authorized procedures. If the question is school placement, identify the current school, services, logistics, and evidence bearing on alternatives. If safety is at issue, provide the applicable orders and concrete evidence. Follow the directions about collateral contacts and communication. Avoid putting the child in the role of preparing for the evaluation.
If the court directs a written report under section 3111, the statute prescribes confidential filing and service, generally at least 10 days before the hearing on custody. Review the report with counsel. Check what may be disclosed, how to challenge a factual error, whether to question the evaluator, and how to present other evidence. The court evaluates the recommendation and decides the order.
In Peterson v. Thompson (2023) 89 Cal.App.5th 988, the Court of Appeal held that a court allocating court-appointed custody evaluation fees must consider the parties’ ability to pay. Document basic expenses, support payments, and other court-ordered costs if they affect what you can afford. Review the appointment order for the deposit, fee allocation, and payment deadline.
A confidential custody report can contain sensitive information about the child and both households. In In re Marriage of Anka & Yeager (2019) 31 Cal.App.5th 1115, an attorney faced sanctions after disclosing information from an evaluation through deposition questions in a different case. Ask counsel before sharing the report, forwarding an excerpt, or using information from it in another proceeding.
Orange County judges can order a Child Custody Investigation (CCI) through Family Court Services. A Superior Court investigator conducts it, and the resulting report is confidential under Family Code section 3111. Orange County addresses this procedure in local rule 703(C) and private Evidence Code section 730 evaluations in rule 703(D). Read the appointment order to confirm which process the court ordered and what it covers. Orange County local rule 703.
If child protective services has already been involved, tell counsel about any referral, known contact person, and dates. Counsel can assess whether agency information is relevant and what procedure the court requires to obtain or use it. See the Orange County custody mediation and investigation guide.
Los Angeles Family Court Services conducts court-ordered One-Day and Two-Day Parenting Plan Assessments, commonly referred to in our practice as Level 1 and Level 2. The specialist gathers information and makes recommendations on custody and parenting time. Check the appointment order to identify the service, the issues referred, and the next hearing. The court’s instructions call for a Parent Questionnaire and an Authorization for Release of Information when a PPA is ordered. Los Angeles Superior Court assessment instructions.
If the court also appoints minor’s counsel, the lawyer represents the child in the proceedings. Read both appointment orders so you know whom to contact, what each assignment covers, and what the court expects before the hearing. See our Los Angeles custody mediation and assessment guide.
San Diego Local Rule 5.11.5 allows the court to order a custody evaluation under Family Code section 3111. Read the Order Appointing Child Custody Evaluator (FL-327) and any attached stipulation to confirm the purpose and scope of the appointment. In a separate San Diego CCRC appointment, a Family Court Services counselor submits a written report with recommendations and reasons if the parents do not reach agreement. Check your court papers for which procedure the judge ordered and what it requires. San Diego Local Rules 5.11.2 and 5.11.5.
An evaluation should answer a question that matters to the order the judge must make. A dispute about the meaning of an exchange provision may be resolved through the order and testimony. A dispute involving the child’s needs, competing accounts of family functioning, or a complex safety concern may call for a different kind of investigation. The appointment should explain the work required.
I want the scope settled before the family spends money or the child is interviewed. Identify whether the evaluator is being asked to address school placement, the reasons for resisted contact, a proposed relocation, or the broader parenting arrangement. A question such as “which parent is better?” provides little guidance about the actual decisions before the court.
In In re Marriage of Seagondollar (2006) 139 Cal.App.4th 1116, the appellate court criticized an appointment that failed to define the purpose and scope of the evaluation. The procedural problems also impaired the parent’s opportunity to present evidence. The lesson is practical: the assignment and a fair opportunity to respond both matter.
Under rule 5.220, the evaluator must provide a written explanation of the process, including its purpose, procedures, confidentiality limits, and costs. The evaluator must remain objective and consider the parents in comparable ways. Findings should identify information sources and limitations, including relevant information that does not support the conclusions.
Ask about the submission procedure before sending records. A useful packet identifies the disputed question, the relevant documents, and people with firsthand information. School attendance records may help explain an exchange problem; an old argument unrelated to the assignment may not. Preserve complete records so a selected excerpt does not create a misleading impression.
Tell counsel about language needs, disability accommodations, protective orders, and safety arrangements affecting participation. Discuss how to communicate with the evaluator within the applicable rules. A parent’s authorized interview is different from a lawyer privately advocating to the evaluator outside permitted procedures.
Give a simple, accurate explanation suited to the child’s age. The evaluator will speak with family members to help the court understand the child’s needs. The child should not be told that the interview will determine which parent “wins,” or asked to memorize a list of incidents.
Let the evaluator explain confidentiality limits and the interview process. Do not promise that everything the child says will remain secret. Avoid questioning the child afterward for a report of what was discussed. If the child expresses a safety concern or appears distressed about the process, communicate the concern through appropriate channels rather than rehearsing answers.
Preparation is directed at the adults: locating records, understanding the assignment, answering accurately, and arranging attendance. For a more detailed discussion, see how to prepare for a 730 custody evaluation.
Read the report against the appointment order. Identify each disputed factual statement, the source relied on, and the evidence that may correct it. Then explain why the point affects the recommendation. A mistaken street name may be inconsequential; an incorrect assumption about which school the child attends can materially distort a transportation analysis.
Distinguish an unfavorable conclusion from a deficient investigation. Did the evaluator obtain the relevant school records? Was one parent’s account treated as an established fact without checking an available source? Does the report describe information that cuts against its conclusion? Those are more useful questions than a general accusation that the evaluator took sides.
Suppose a recommendation assumes both parents can collect the child at dismissal. One parent’s documented work hours make that impossible. Counsel can develop evidence of the actual hours, proposed childcare, and transportation. The request should explain whether this calls for a different exchange time, a different schedule, or further evaluation of the affected issue.
Plan for testimony early. Filing a report does not eliminate questions about admissibility, objections, or an opportunity to examine the evaluator. Family Code section 3111(c) expressly provides for receipt of the report by stipulation. When the parties disagree, counsel should identify the applicable evidentiary procedure and preserve any objections.
In Andrew V. v. Superior Court (2015) 234 Cal.App.4th 103, an interstate move-away dispute under a final joint-custody order required a meaningful opportunity to be heard, including addressing the investigator’s report. The case illustrates why a recommendation should be tested through the proper hearing process when material facts are disputed.
Determine how the evaluator’s appearance will be arranged, what notice or subpoena is required, and how fees will be handled. Rule 5.220 directs local courts to develop cost-effective procedures for cross-examination. If the report arrives late, raise the problem promptly and request appropriate relief; do not assume a continuance is automatic. Our contested custody trial guide explains how reports fit into a broader evidentiary presentation.
No. The evaluator is investigating questions for the court. A treating therapist ordinarily has a treatment role, even when information from treatment may become relevant to the case. Parents should understand which professional is doing which job before discussing sensitive family information.
Ask how records from existing treatment will be obtained and used. Tell counsel about privileges, release requests, and any order addressing access. Avoid treating a request for records as permission to circulate the child’s entire treatment history. If more than one professional is involved, clarify their separate assignments so appointments and requests for information do not become confused.
Translate the recommendation into terms the family can follow. If it proposes a different school-week schedule, specify the first date, exchange location, transportation, school closures, and relationship to existing holiday orders. If it recommends services, identify who arranges them, how availability will be established, and what payment questions require a ruling.
An evaluator’s recommendation does not itself replace the custody order. The judge decides what to adopt after considering the applicable law and properly presented evidence. Where the recommendation addresses a change to a final custody determination, the governing modification standard still matters. See changing a custody or visitation order.
Keep the report confidential after the hearing as well. An adopted recommendation does not make the underlying evaluation suitable for circulation to relatives, social media, or a separate case. Obtain advice about the authorized recipients and any further order needed before sharing information from it.
Rule 5.220 on custody evaluations
How a 730 custody evaluation works
Explore the California Child Custody and Visitation Library for more guides on custody evaluations and hearings.
What Is Minor’s Counsel in a California Custody Case?
Can Text Messages and Social Media Posts Be Used in a California Custody Case?
How Do I Prepare a Request for Order and Declaration in a California Custody Case?
What happens at a contested custody trial
What Happens When a Parent Claims the Other Parent Is Turning the Child Against Them?
Related reading. How to Prepare for a 730 Custody Evaluation in California
If your court has ordered a custody evaluation, contact Edgar & Dow to schedule a consultation. Bring the current orders, the facts affecting your child, and the next deadline so we can assess what relief fits your case.
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