Currrent as of February 4, 2022
Family Code § 3111
Appointment of child custody evaluator; Evaluation and report; Availability; Use in evidence; Unwarranted disclosure; Adoption of form
(a) 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 shall be conducted in accordance with the standards adopted by the Judicial Council pursuant to Section 3117, and all other standards adopted by the Judicial Council regarding child custody evaluations. If directed by the court, the court-appointed child custody evaluator shall file a written confidential report on the evaluation. At least 10 days before a hearing regarding custody of the child, the report shall be filed with the clerk of the court in which the custody hearing will be conducted and served on the parties or their attorneys, and any other counsel appointed for the child pursuant to Section 3150. 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 pursuant to Section 3117; however, this does not preclude the consideration of a child custody evaluation report that contains nonsubstantive or inconsequential errors or both.
(b) The report shall not be made available other than as provided in subdivision (a) or Section 3025.5, or as described in Section 204 of the Welfare and Institutions Code or Section 1514.5 of the Probate Code. Any information obtained from access to a juvenile court case file, as defined in subdivision (e) of Section 827 of the Welfare and Institutions Code, is confidential and shall only be disseminated as provided by paragraph (4) of subdivision (a) of Section 827 of the Welfare and Institutions Code.
(c) 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.
(d) 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. The sanction shall be in an amount sufficient to deter repetition of the conduct, and may include reasonable attorney’s fees, costs incurred, or both, unless the court finds that the disclosing party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. The court shall not impose a sanction pursuant to this subdivision that imposes an unreasonable financial burden on the party against whom the sanction is imposed.
(e) The Judicial Council shall, by January 1, 2010, do the following:
(1) Adopt a form to be served with every child custody evaluation report that informs the report recipient of the confidentiality of the report and the potential consequences for the unwarranted disclosure of the report.
(2) Adopt a rule of court to require that, when a court-ordered child custody evaluation report is served on the parties, the form specified in paragraph (1) shall be included with the report.
(f) For purposes of this section, a disclosure is unwarranted if it is done either recklessly or maliciously, and is not in the best interest of the child.
Added Stats 1993 ch 219 § 116.81 (AB 1500). Amended Stats 1996 ch 761 § 1 (SB 1995); Stats 1999 ch 932 § 2 (SB 433); Stats 2002 ch 1008 § 16 (AB 3028); Stats 2004 ch 574 § 1 (AB 2228); Stats 2005 ch 22 § 62 (SB 1108), effective January 1, 2006; Stats 2008 ch 215 § 1 (AB 1877), effective January 1, 2009; Stats 2014 ch 283 § 3 (AB 1843), effective January 1, 2015; Stats 2015 ch 130 § 1 (SB 594), effective January 1, 2016; Stats 2019 ch 115 § 34 (AB 1817), effective January 1, 2020.
Family Code 3111