Order Appointing Custody Evaluator {2C-E-234}

[ ]American LegalNet, Inc. www.FormsWorkFlow.com 2. The investigation shall focus on the following issues: [ ] *special needs of the child [ ] *special needs of the parent [ ]Father [ ]Mother [ ] physical custody [ ] legal custody [ ] *educational issues of the child [ ] visitation [ ] overnight visitation [ ] *mental health issue [ ]Father [ ]Mother [ ] supervised visitation [ ] *substance abuse of the parent [ ]Father [ ]Mother [ ] child refusing visitation [ ] *domestic violence by [ ]Father [ ]Mother [ ] relocation of the parent [ ]Father [ ]Mother [ ] *child abuse by the parent [ ]Father [ ]Mother [ ] extreme hostility by the parent [ ]Father [ ]Mother [ ] inability of the parents to communicate002 [ ] other:002 *Please elaborate in Paragraph 13 (223Other224) FATHER ATTENDED KIDS FIRST ON MOTHER ATTENDED KIDS FIRST ON 3.003 Fees, Costs and Custody Evaluator Report A. The Custody Evaluator will receive an advance fee for the custody investigation to the CE in the amount of $ plus the State of Hawai`i Tax (4.71%) This amount will be paid by [ ] Mother () [ ] Father () [ ] Split equally, and shall be made within five (5) days of the date of the filing of this Order. All costs are subject to allocation at the time of trial. The Custody Evaluator shall be informed of this appointment within 48 hours of the date of hearing by [ ] Father [ ] Mother. If full payment is not received by the Custody Evaluator within five (5) days of the date of the filing of this Order, then the Custody Evaluator shall not begin the evaluation or investigation. B.003 Each party is responsible for maintaining any agreement and/or contact made with the Custody Evaluator. C.003 The Custody Evaluator222s Report is due on American LegalNet, Inc. www.FormsWorkFlow.com 4. 5. 6. 7. 8. D.003 The Original Report will be stamped 223Confidential224 and filed. A courtesy copy will be provided to the Presiding Judge. Copies will be provided to each party, via attorney, if applicable. The parties, their agents, and their attorneys are prohibited from releasing or disseminating this Report, except as approved or directed by written court order. The parties are prohibited from discussing the contents of the report with non-parties, the subject child(ren) and/or anyone who may come in contact with the subject child(ren) except as approved by written court order. Report may be reviewed by the parties222 therapists for therapeutic purposes. The appointment of the Custody Evaluator is effective upon the filing of the 223Custody Evaluator Order224. The CE222s investigative role/duty remains in effect until the custody evaluation has been completed and an Evaluator222s Report is filed with the Court. The CE222s appointment shall terminate no later than the Return Hearing on Custody Evaluator Report or until further orders are made by the Court, whichever comes first. The Return Hearing on the Custody Evaluator Report is scheduled for: at .m. Both parties and the Custody Evaluator are required to attend. For any subsequent court hearings on which the Custody Evaluator is required to attend, additional fees may be required to be paid before the hearing. The Custody Evaluator is NOT an intermediary, mediator or settlement negotiator for the case and the CE should not be requested to act in such capacity, nor is the CE to determine whether or not a material change in circumstances exists. The parties shall sign all necessary consents to release information requested by the Custody002 Evaluator in the performance of the CE222s investigation. These consents include, but are not002 limited to Consents to Release Information by: the Department of Education; the Department of002 Human Services; the Department of Health; the Maui Police Department; psychologists,002 psychiatrists, teachers, medical doctors, social workers and day care providers.002 [ ] This is a pre-decree/pre-judgment case.002 [ ] This is a post-decree/post-judgment case. The Movant222s stated material change in002 circumstance(s) is/are as follows: The current order/arrangement for custody is: [ ] joint physical custody [ ] sole physical custody to Father [ ] sole physical custody to Mother [ ] joint legal custody [ ] sole legal custody to Father [ ] sole legal custody to Mother American LegalNet, Inc. www.FormsWorkFlow.com The current timesharing/visitation order/arrangement is as follows: 9.003 [ ] Plaintiff/Petitioner [ ] Defendant/Respondent shall forward the following document to the Custody Evaluator within five (5) calendar days from the date of the filing of this Order: -003Certified Copy of this Order -003Copies of: 003 Complaint for Divorce/Petition for Paternity; 003 Matrimonial Action Information Sheet/Hawai`i Paternity Action Information Sheet; 003 All previous custody studies or evaluations involving the subject child(ren); 003 All previous psychological evaluations involving the parties and subject child(ren); and 003 All relevant pleadings; including but not limited to Restraining Orders and any other Court matter involving the parties and/or the subject child(ren). Each party is responsible for providing the Custody Evaluator with copies of their criminal judgment(s) and arrest record(s) from all courts. 10.003 Except for scheduling any payment issues, contact between the parties222 attorneys and the Custody Evaluator should be minimized. Communication between the CE and the parties222 counsel are not confidential. 11.003 The Custody Evaluator may communicate concerns and requests directly with the Court by letter with copies to all counsel and pro se parties. 12.003 Additional Costs and Fees: If the Custody Evaluator requires assistance of a specialist or expert to assist in this investigation, evaluation, drug testing, drug or other types of assessments/evaluations of one or both parties or the child(ren), the CE will first request a stipulation via attorney(s) of any additional costs/fees. If there is no stipulation, the CE will inform the court prior to acquiring the assistance of a specialist or expert. 13.003 No attorney shall communicate with the Custody Evaluator (excluding on the record court hearings) except in writing with a contemporaneous copy to the other side. The Custody Evaluator may initiate communications as he/she deems appropriate American LegalNet, Inc. www.FormsWorkFlow.com 13. Other: The contact information for the parties: FATHER MOTHER Name: Address: City, State, Zip Home Telephone: Work Telephone: e-mail: Cellular Telephone: Attorney222s Name: Attorney222s Address: City, State, Zip Telephone Number: Fax Number: e-mail: DATED: Wailuku, Maui, Hawai`i JUDGE OF THE ABOVE-ENTITLED COURT APPROVED AS TO FORM AND CONTENT: Father Date Mother Date Attorney for Father Date Attorney for Mother Date American LegalNet, Inc. www.FormsWorkFlow.com