Child Custody Evaluation Changes

A success story!  But for how much longer?

2008 Legistaltive Session Update:  As predicted, a new bill regarding custody evaluators (AB 2587) was introduced to continue last year's attempt to eliminate the use of parental alienation.  AB 2587 is currently stalled and not being set for a hearing.

In a contested child custody or visitation proceeding, the family court may appoint a child custody evaluator to conduct a child custody evaluation (commonly known as a "730 Evaluation") if the court determines it is in the best interests of the child to do so.  A bill introduced in the California Assembly by Assemblymember Ira Ruskin (D-Redwood City),California Assembly Bill 612, would have made a number of changes to when and how psychological testing of a parent intended to produce a diagnosis is conducted as part of a child custody evaluation.  AB 612 would have permitted a court to order psychological testing of a parent intended to produce a diagnosis only for "good cause" shown pursuant to Code of Civil Procedure Section 2032.310. Furthermore, the original iteration of the bill's language would have specifically eliminated findings of parental alienation as "nonscientific."

This bill was strongly supported by women's organizations, who contended that it was necessary to prevent the "misuse" of psychological testing in child custody evaluations and to ensure that, when such testing is allowed, only diagnoses that are generally accepted by the medical or psychological communities are accepted by the family courts. This bill was opposed by CAFC and the Family Law Section of the State Bar, since the bill would have prevented evaluators from using psychological testing, which is a necessary part of their evaluation process.

The bill was amended on April 14, 2007, and it took a nasty turn for the worse.  CAFC's advocate, Michael Robinson, promptly met with Ruskin's Chief of Staff to provide information and details that  the bill's author had not known beforehand.  As a result of CAFC's efforts, Assemblymember Ruskin accepted a major amendment to his bill.  The analysis and the text of the amendments are available on the CAFC web site.  Finally, on June 25, 2007, the hearing scheduled for the next day to review AB 612 were cancelled at Assemblyman Ruskin's request, and the bill effectively died for this legislative session.

CAFC will continue to actively monitor this type of legislation.  Karen Anderson, the head of the California Protective Parents Association and putative the sponsor of AB 612 has already started her push to get another author for 2008.  So it is very clear that we will have to fight it again next year.  During testimony on AB 612, Anderson's group announced that they have been conducting a study on Parental Alienation and are close to publishing a book on the subject. We have no doubt how they will view Parental Alienation since their opinion is well known.

We believe that Parental Alienation does exist and can be used by one parent to turn a child against the other parent. This is a serious problem that needs to be addressed by the family law courts and its 730 evaluators. Ironically some children have had both parents engaging in alienating behavior and tactics. Regardless of whether one or both parents engage in alienation, it always produces very serious developmental and other problems for a child that last into adulthood. It is not "non-scientific" mumbo jumbo that is used to dupe the courts into granting custody to an unfit parent.

It is very clear that California Protective Parents Association and like-minded groups  intend to make California the battle ground against Parental Alienation.  Karen Anderson has NOW, The Commission on the Status of Women, Coalition of Family Equity (essentially the attorney’s for the mother in the LaMusga "move away" case), & a slew of others.  We stopped their efforts this year, but we need you help to succeed next year, and the year after.  If we don't continue to prevail in California, they will push this issue nationally.

With your funding and support, CAFC can continue its successful legislative efforts.  Moreover, we will commission a fair and accurate peer-reviewed study, using far more respected and credibile experts.  Please help by making a donation today.