14-10-116.5. Appointment in Domestic Relations Cases - Child and Family Investigator

Source:
Colorado Statutes/Colorado Revised Statutes /TITLE 14 DOMESTIC MATTERS/DISSOLUTION OF MARRIAGE - PARENTAL RESPONSIBILITIES/ARTICLE 10 UNIFORM DISSOLUTION OF MARRIAGE ACT/14-10-116.5. Appointment in domestic relations cases - child and family investigator.

14-10-116.5. Appointment in domestic relations cases - child and family investigator.

Statute text

(1) The court may, upon the motion of either party or upon its own motion, appoint an individual to serve the court as a child and family investigator pursuant to subsection (2) of this section in a domestic relations proceeding that involves allocation of parental responsibilities. The court shall set forth the specific duties of the child and family investigator in a written order of appointment. The same person may not serve as both the legal representative of the child pursuant to section 14-10-116 and as the child and family investigator for the court pursuant to this section.

(2) A child and family investigator appointed by the court may be an attorney, a mental health professional, or any other individual with appropriate training, qualifications, and an independent perspective acceptable to the court. The child and family investigator for the court shall investigate, report, and make recommendations as specifically directed by the court in the appointment order, taking into consideration the relevant factors for determining the best interests of the child as specified in section 14-10-124. The child and family investigator shall make independent and informed recommendations to the court, in the form of a written report filed with the court, unless otherwise ordered by the court. While the child and family investigator shall consider the wishes of the child, the child and family investigator need not adopt such wishes in making his or her recommendations to the court unless they serve the child's best interests as described in section 14-10-124. The child's wishes, if expressed, shall be disclosed in the child and family investigator's written report. The child and family investigator may be called to testify as a witness regarding his or her recommendations. The child and family investigator shall comply with applicable provisions set forth in chief justice directives, and any other practice or ethical standards established by rule, statute, or licensing board that regulates the child and family investigator.

(3) The court shall enter an order for costs, fees, and disbursements in favor of the child and family investigator appointed pursuant to subsection (1) of this section. The order shall be made against any or all of the parties; except that, if the responsible party is indigent, the costs, fees, and disbursements shall be borne by the state.

History

Source:L. 2005: Entire section added, p. 960, § 4, effective July 1.

Annotations

Cross references: For the legislative declarations contained in the 2005 act enacting this section, see sections 1 and 3 of chapter 244, Session Laws of Colorado 2005.

Annotations

ANNOTATION

Annotations

Law reviews. For article, "Child and Family Investigator Standards in Colorado--Part I", see 35 Colo. Law. 61 (July 2006). For article, "Child and Family Investigator Standards in Colorado--Part II", see 35 Colo. Law. 75 (August 2006).

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