The 730-Evaluation Report

The 730 child-custody evaluator is supposed to simultaneously release the report to the court and to the two attorneys. This should occur early enough before the hearing in which the report will be considered, giving the parties time to examine the report and to consider any objections. (The time line is regulated by court rules and procedures).

If the report is acceptable to both sides, the parties can agree to accept it in its entirety into evidence. If there are some disagreements, the parties will have a chance to rebut the report's findings and challenge its recommendations, a topic addressed in the next section.

Assuming that the court has accepted the report, it becomes one element in the judge's considerations. Some judges pay a great deal of attention to the report, while others may not. Since the judge is the ultimate trier of fact (and not the evaluator) and the one who makes the orders, he or she can use their judicial discretion (which in family law is considerable) and within limits make of the report whatever they wish.

In considering the report, the judge is also likely to question whether it is convincing, whether the evaluation was executed fairly, and whether the data pass the evidentiary threshold. (In the family courts, evidence presented will be accepted if it is judged to be "beyond reasonable doubt"). Other judicial considerations are whether the evaluator used acceptable methods, and whether their conclusions logically emerge from the data in the report.

In addition, the judge may consider any discrepancies between the data in the report and other evidence in the case. In considering the report, the judge needs to be guided by their understanding of the "best interest of the child."

Child Custody