SPARC Forums

Main Forums => Dear Socrateaser => Topic started by: skye on Dec 11, 2005, 01:44:10 PM

Title: I need your wisdom
Post by: skye on Dec 11, 2005, 01:44:10 PM
this is for a friend..


I believe that I am right on this ...If the custody evaluation and GAL report are in and you do not recieve a copy ...you can go to the court house and get them..or at least I know here we have always been able to do so ...

a friend of mine went to the courthouse to get a copy of his and was told he was not allowed to see it or get a copy of it ...

is there anything he can do ...doesn't he have a right to see it ....?


his ex wife already has a copy as does her attorney..

the case is in OHIO he flew up from texas to see child and to get copies of this ...hearing is in January
Title: RE: I need your wisdom
Post by: socrateaser on Dec 11, 2005, 06:48:43 PM
>this is for a friend..
>
>
>I believe that I am right on this ...If the custody evaluation
>and GAL report are in and you do not recieve a copy ...you can
>go to the court house and get them..or at least I know here we
>have always been able to do so ...
>
>a friend of mine went to the courthouse to get a copy of his
>and was told he was not allowed to see it or get a copy of it
>...
>
>is there anything he can do ...doesn't he have a right to see
>it ....?
>
>
>his ex wife already has a copy as does her attorney..
>
>the case is in OHIO he flew up from texas to see child and to
>get copies of this ...hearing is in January

This is a very jurisdiction specific question. For example, in CA, a custody evaluation report (aka 730), must remain in the custody and control of the court, and parties may read but not copy or remove the report from court custody, or face felony charges.

It may be that because your friend has no attorney, that the court won't release the document. Attorneys are officers of the court, so that makes it appropriate for them to get a copy of the eval.

How it is that the ex-wife has a copy of the report, I don't know, unless she made one without court permission, in which case, she may have violated a criminal law. But, as I say, it's very jurisdiction specific, so I'm afraid I'm in over my head on this one.