Superior Court of California, County of Ventura
In re Marriage of:Petitioner:
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Respondent: / )
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STIPULATION AND ORDER APPOINTING EXPERT FOR FOCUSED CHILD CUSTODY EVALUATION
(FL-327 Amendment)
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IT IS HEREBY STIPULATED THAT:
1. Gary R. Rick Ph.D. is appointed as the Court’s expert under Evidence Code §730 and Family Code 3111 to perform a focused psychological evaluation for child custody visitation, including Petitioner, Respondent, their children, their household members, and such other persons as the expert deems appropriate in connection with this action. The evaluation shall include interviews with the parties and children, limited documentation review, limited collateral interviews, no psychological testing and home visits to each party's residence.
2. The purposes of the evaluation are for the expert to:
1. assess the benefits and risks associated with the various alternative parenting plans, including those proposed by the parties;
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2. and to make, non-binding recommendations concerning visitation related to the child's best interests to the parties, counsel and the Court.
3. The Court finds, pursuant to the stipulation of the parties, separate and apart from the other terms of this Order, that in performing the evaluation, the expert will be engaged in an quasi-judicial function as an officer of the court (including but not limited to referee and/or arbitral function) and shall be entitled to absolute common law and statutory privilege, under Drapkin v. Howard, 222 Cal App 3d 843; 271Cal. Rptr. 893.
4. No information, observations of the expert, or communications made to the expert shall be deemed privileged or confidential communications as to the participants in this evaluation, their counsel and experts, the Court or any mental health professional assessing or treating any of the immediate members of either household or the children, as all communications will be made with the expectation that they may be disclosed in an expert’s report and/or testimony in this proceeding. (See provisions below which govern confidentiality of data, test materials and reports).
5. The Court finds that the parties each have waived his/her respective doctor-patient and psychotherapist-patient privilege and each child's doctor-patient and psychotherapist-patient privilege and/or each have tendered the issue of the mental conditions of each of them in this proceeding. The Court finds that such waivers and tenders permit disclosure of all privileged communications to the expert, and subsequent release to counsel and consulting experts. Each party is ordered to execute authorizations for the release of information necessary to provide the expert with access to health, mental health, educational, employment and other records, and the right to confer with health care providers, therapists and educators. Each party is ordered to use his or her best efforts to provide access to any information requested by the expert. All records and data obtained pursuant to these releases may be provided to counsel for the parties, and used by counsel in consultation with any independent experts retained by each party. These waivers do not include waiver of the attorney-client relationship or authorization for release of information developed in consultation with privately retained work product experts. The expert may reveal any information when conducting an interview of any collateral person.
6. Payment shall be: ______A retainer of $1,500 should be paid at or before initial interviews.
7. The cost of the evaluation shall be based upon the expert's customary hourly rate ($195) and shall include all time necessary for the performance of the evaluation including, but not limited to, initial arrangements for the evaluation, any meetings and/or conferences (including telephone conversations) with the parties, counsel, the parties' child, and other persons deemed necessary for the purposes of performing the evaluation, analysis of psychological test findings and other data, any necessary research, report preparation, travel time, feedback conferences, preparation for expert testimony, depositions, court appearances (including waiting time), and "on-call" or other reserved times. The expert will be reimbursed for writing responsive letters or addendae after the evaluation has been submitted. The expert shall also be reimbursed for expenses incurred in connection with the evaluation and/or testimony. Such expenses shall include costs and reasonable attorney’s fees in connection with or arising from the evaluation. The expert shall have the right to request that the initial payment or any subsequent payment be made by cashier's check or other guaranteed funds. All estimated fees through the completion of the feedback sessions shall be paid to the expert before the session takes place. Any remaining unpaid balance necessary prior to release of the written report shall be advanced forthwith upon notification by the expert that the report has been completed.
8. All testimony by the expert in connection with these proceedings, including depositions and hearings, or arising in other proceedings out of this evaluation, or the participants in this evaluation shall be deemed expert rather than percipient.
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9. If either party subpoenas, calls as a witness, or deposes the Court-appointed expert in this proceeding or any other proceeding, that party shall advance the expert's fees in connection with such testimony, absent a prior Court order allocating responsibility for witness fees otherwise. In the event that a party advances witness fees in conjunction with this order, the Court retains jurisdiction to order reimbursement of all or a part of said fees by the other party. Fees shall be $1050 paid at half-day intervals plus any travel or preparation time.
10. The expert shall not be required to provide a report, testify, or do any other act in connection with this matter unless his fees have been paid.
11. In the event that the expert determines that direct release of the report to the parties and counsel, may place children, family members or others at risk, the expert shall deliver the report (or portions of the report) only to the Court (and minor’s counsel, if any) for in camera review.
12. After submission of the report, Dr. Rick may clarify to counsel any recommendation or other factual matter described in the report. If a re-evaluation is ordered by the court within five years of the date of the initial evaluation, all of the conditions described above shall apply.
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DATED: , 2012______
Petitioner
Approved as to form and content:
DATED: , 2012
_
______
Attorney for Petitioner / DATED: ,2012
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Pro Se Respondent
Approved as to form and content:
DATED: , 2012
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Attorney for Child
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IT IS SO ORDERED:
DATED:______
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Judge of the Superior Court
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