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In California, a 730 evaluation can be described as an in-depth study and analysis of a family, their children, and the relationships within the family in the context of a child custody and/or visitation dispute. A 730 evaluation is also known as a child custody evaluation or child custody investigation. 730 evaluations are specific to California in that the number “730” refers to the California Evidence Code Section 730 under which it is ordered.

In legal terms, California Evidence Code Section §730 states:

“When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the court, and to testify as an expert at the trial of the action relative to the fact or matter as to which the expert evidence is or may be required. The court may fix the compensation for these services, if any, rendered by any person appointed under this section, in addition to any service as a witness, at the amount as seems reasonable to the court. Nothing in this section shall be construed to permit a person to perform any act for which a license is required unless the person holds the appropriate license to lawfully perform that act.”

A 730 evaluation is typically conducted by a “child custody evaluator,” also known as a 730 evaluator or custody evaluator. The 730 evaluator will play the role of the investigator and look closely at the family dynamics so he/she can provide the court with a 730 evaluation report as evidence to help the court find the best possible arrangement that reflects the overall best interest of the child. The 730 evaluation report may be oral or written and the 730 evaluator may be called to testify or cross-examined at trial.

A 730 evaluation is generally ordered for a specific purpose and usually within high-conflict or complicated child custody cases where expert evidence is required. Before agreeing to a 730 evaluation you will want to discuss your particular case with a family law attorney in your area to help you learn whether or not a 730 evaluation is the right approach for you.

© 2006 Child Custody Coach

By: Steven Carlson

Lawyer, a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law. The role of the lawyer varies significantly across legal jurisdictions, and therefore can be treated here in only the most general terms. Dispute resolution is the process of resolving disputes between parties.

There are several methods of dispute resolution:

• litigation
• arbitration
• collaborative law
• mediation
• conciliation

Litigation, the early stages of the litigation may involve initial disclosures of evidence by each party and discovery, which is the ordered swap of evidence and statements between the parties based on what they each anticipate to argue during the actual trial. Discovery is meant to eliminate surprises and clarify what the lawsuit is about and perhaps to make a party realize they should settle or drop the claim, all before wasting court resources. At this point the parties may also engage in pretrial motion filing in order to exclude or include particular legal or factual issues before trial, by blocking the other party from presenting a particular witness or arguing a particular legal theory.

Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons by whose decision they agree to be bound. When the subject matter of the dispute is highly technical, arbitrators with an appropriate degree of expertise can be appointed.

Collaborative Law is law procedure in which the two parties agreed that they would not go to court, or threaten to do so the parties make every effort to reach a fair settlement in the course of a series of meetings, often called joint sessions, between the two parties and their lawyers, and sometimes other neutral experts.

Mediation’s aims to help two or (more) disputants in reaching an agreement. Mediation is often ordered during the course of the litigation process. In mediation, the mediator is a neutral third party who doesn’t represent or advise either side. Divorce mediation is worth looking into, especially for a divorcing couple with children. It is going to save a lot of time, money and hassle. Plus it will help to keep emotions in check and let the couple work things out in their own way, under their control.

Conciliation is another method of dispute resolution whereby the parties to a dispute agree to utilize the services of a conciliator (including future interest disputes), who then meets with the parties separately in an attempt to resolve their differences. Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek indication or call witnesses, usually writes no decision, and makes no award.Conciliation differs from mediation in that the main goal is to conciliate, most of the time by seeking concessions. In mediation, the mediator tries to guide the discussion in a way that optimizes parties’ needs, takes feelings into account and reframes representations.In conciliation the parties seldom, if ever, actually face each other across the table in the presence of the conciliator.

By: Munish Dev