Model Order Appointing a Custody Evaluator

This model order is a tool designed to assist judges in drafting orders for the appointment of custody evaluators. The order and commentary (on facing page) offers a framework that courts should modify to match the local rules and practices in their jurisdiction, and the circumstances of a given custody case. Electronic copies of the order are available for this purpose. The order devotes particular attention to domestic violence, but it is an appropriate resource for any custody case whether or not domestic violence has been identifi ed. We recommend that the tool be used in conjunction with National Council of Juvenile and Family Court Judges’ (NCJFCJ) Navigating Custody and Visitation Evaluations in Cases with Domestic Violence: A Judge’s Guide (Navigating Guide), which contains detailed guidance for courts on, among other things, deciding when an evaluation is necessary in a custody case.

A free copy can be of The Navigating Guide can be downloaded at: https://ncjfcj.org/resource-library/publications/navigating-custody-and-visitation

Courts wishing to modify this template to meet the needs of their community can contact NCJFCJ for technical assistance through its Resource Center on Domestic Violence: Child Protection and Custody at FVDinfo@ncjfcj.org or 1-800-527-3223.

AUTHORS

Sarah Smith, JD
National Council of Juvenile and Family Court Judges

Darren Mitchell, JD
Consultant, National Council of Juvenile and Family Court Judges

ACKNOWLEDGEMENTS

This project would not have been possible without the invaluable contributions of our advisory committee:

Hon. Christopher Wickham Thurston County (Washington) Superior Court

Hon. Gail Perlman (Ret.)
Hampshire (Massachusetts) Probate and Family Court

Leslie Drozd, PhD
Psychologist, Private Practice

Gabrielle Davis, JD
Battered Women’s Justice Project

Nancy Ver Steegh, JD
William Mitchell College of Law

Hon. Steven Aycock (Ret.)
National Council of Juvenile and Family Court Judges

Hon. Dale Koch (Ret.)
Multonomah County (Oregon) Circuit Court