Understanding the FL-327 Form to Appoint a Child Custody Evaluator

An order appointing a child custody evaluator does not decide who gets custody. It starts an investigation that can help the judge make child custody decisions. Before the evaluation begins, you need to know what the evaluator will examine, who will pay, and what the court expects you to do.

California courts use form FL-327, called the Order Appointing Child Custody Evaluator, to put those directions in writing. Read the completed order, including any attachments. Lawyers and judges often make mistakes on these forms so do not assume it was done right.

What the FL-327 form does

The court must use FL-327 when appointing a private child custody evaluator or a court connected evaluation service. Local court forms can supplement the instructions. The order identifies the evaluator and states the purpose and scope of the evaluation. It also addresses payment and how the parents and evaluator should make initial contact. See California Rules of Court, rule 5.225 and form FL-327 for those details.

The evaluator serves as a neutral professional. The evaluator does not represent either parent and does not act as the family's therapist. Their assignment is to investigate disputed custody or parenting time issues and give the court information within the limits (also called the scope) of the appointment.

Full and partial custody evaluations

FL-327 identifies whether the court has ordered a full or partial evaluation. A full evaluation broadly examines the child's health, safety, welfare, and best interests. A partial evaluation limits the investigation by time or scope. The court might direct the evaluator to focus on a particular concern rather than assess every part of the proposed parenting arrangements. The appointment order should make that assignment clear. Read California Rules of Court, rule 5.220 for more details.

Do not assume that a partial evaluation is minor or that a full evaluation allows unlimited investigation. Both have boundaries. If the order leaves an important question unclear, raise it with your lawyer before the work begins.

You may hear people call this a "730 evaluation." Evidence Code section 730 allows a judge to appoint an expert to investigate, report, and testify. But Section 730 of the Evidence Code is not the main code section that applies. Family Code sections 3111 and 3118 are.

Who conducts the evaluation and who pays

Evaluators must meet licensing, training, and experience requirements. A professional license alone does not establish that someone meets every requirement for a custody evaluation. The rules also address domestic violence training and conflicts of interest.

FL-327 includes a notice requiring the evaluator to file the qualifications declaration within 10 court days after receiving the order and before the evaluation begins. Court connected employees who file the required annual declaration fall under a different procedure.

The order also addresses fees. The court can reserve the fee decision, allocate costs between the parents, or set payment terms that include installments. It can reserve the power to reallocate costs later. Do not assume that the parent who requested the evaluation must pay the entire bill, or that an initial allocation settles the issue permanently.

The order may direct the evaluator to contact each parent or require each parent to contact the evaluator. If you cannot meet a payment requirement, tell the judge promptly rather than simply failing to pay.

What happens during a child custody evaluation

The process depends on the court's order and the issues under review. It can include interviews with parents and children, observation of parent-child interactions, and review of records. The evaluator may gather information from other people or consult another expert when an issue falls outside the evaluator's expertise. Psychological testing may be part of the process, but it is not an automatic feature of every evaluation. A home visit is not a required step in every case either.

The evaluator must explain the process, its costs, and the limits on confidentiality. They must gather balanced information and remain objective. Their findings should identify information that does not support their conclusions, along with limitations caused by missing records or a person's failure to cooperate.

Prepare useful records about your child's needs and your involvement in daily care. Explain a safety concern directly, with supporting information when available. Do not coach your child or press them to choose a parent.

Evaluations involving allegations of child sexual abuse

Some cases require procedures beyond an ordinary custody evaluation. When the requirements of Family Code section 3118 apply, the evaluation must meet that statute's minimum standards. Those include consultation with child welfare and law enforcement professionals and review of relevant investigative information. The law also directs evaluators to avoid repeated interviews of the child wherever possible.

These cases can require temporary safety orders while the investigation proceeds. Section 3118 requires the court to consider whether supervised visitation or suspension of visitation is needed under the circumstances.

How the report affects your custody case

The evaluator's findings can influence the court, but the evaluator does not decide custody. The judge does. Review the report with your lawyer. Check whether the evaluator followed the assignment, considered the relevant records, and supported any recommendations. Disagreeing with a recommendation is different from identifying a factual error or a gap in the investigation. California's rules require local procedures for cross-examining evaluators, which allows questions about their work and conclusions.

Treat the report as confidential. Reports under Family Code section 3111 have restricted disclosure rules, and an unwarranted disclosure can lead to financial sanctions. The required confidentiality notice should accompany the report. Do not post it online or circulate it to friends. Do not show it to the children.

Frequently asked questions about child custody evaluations

Can I object to the evaluator the court appoints?

You can raise concerns about an evaluator's qualifications or a conflict of interest. Whether you can reject an evaluator without showing a specific reason depends on the county's local rules. Raise the issue promptly with your lawyer. Do not assume you can wait until you receive an unfavorable report to challenge the appointment.

There is an intern involved in my evaluation. Is that allowed?

Yes, but there are safeguards. The evaluator must disclose the intern's proposed role and obtain written agreement from the parties and their attorneys. The evaluator must also be physically present when the intern interacts with parents, children, or other people providing information for the evaluation. An intern cannot simply take over the assignment. See California Rules of Court, rule 5.225 for more details.

What if the other parent refuses to cooperate during the evaluation?

Tell your lawyer about missed appointments, refused interviews, or other failures to participate. Your lawyer can ask the court for orders addressing the problem. The evaluator must explain how a parent's failure to cooperate limits the evaluation. The rules generally limit custody recommendations to parents who have been evaluated, but they allow interim recommendations that serve the child's best interests. Keep meeting your own obligations even if the other parent does not.