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Best practices for structuring a family court parenting plan evaluation under the 2022 AFCC Guidelines.

Authors :
Martindale, David A.
Shear, Leslie Ellen
Source :
Family Court Review. Oct2023, Vol. 61 Issue 4, p734-746. 13p.
Publication Year :
2023

Abstract

Evaluation appointment orders provide enforceable scaffolding for conduct of family court parenting plan evaluations, and use of the evaluator's reports, feedback, file, and testimony. Unlike a contract, a stipulated or adjudicated appointment order is directly enforceable by the family court. It unambiguously positions the evaluator as the family court's appointee – answerable directly to the court and, in some jurisdictions, protected by quasi‐judicial immunity from damages claims. A well‐crafted appointment order governs the roles and expectations of the court, the evaluator, the parties, the lawyers, and the collateral witnesses. An appointment order mandates the legal duties, rights, powers, and responsibilities of the professionals, the parties, and the collateral witnesses. At minimum, an appointment order articulates the legal basis for the appointment, the purpose and scope of the evaluation, compensation of evaluator, and the duty of the parties to participate in the process. A written evaluation protocol or procedures statement discloses in advance the methods of investigation and assessment that the evaluator intends to use. Together, the appointment order and written protocol help the evaluator, lawyers, parents, and judge manage the complexity of the evaluation process. Key points for the family court community: Standardized, well‐crafted appointment orders and written protocols can provide:Reduced conflict over the conduct of the evaluation;Positions about terms not linked to beliefs about recommendations;Protection for the parties and the evaluator;Reduced risk that the report or testimony will not be admitted into evidence;Reduced risk of disciplinary complaints. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
15312445
Volume :
61
Issue :
4
Database :
Academic Search Index
Journal :
Family Court Review
Publication Type :
Academic Journal
Accession number :
172756205
Full Text :
https://doi.org/10.1111/fcre.12753