Hi Soc,
The court sealed the evaluation report at time of trial.
I'm wondering what this means in terms of my ability to make reference to various things the evaluator reported. I understand that it/s probably just for the protection of the parties' privacy, but I'm not sure if that report is now off-limits to raise again.
1. In new pleadings/declarations, can I make reference to positive things about my parenting that the evaluator reported?
2. In new pleadings/declarations, can I make reference to negative things about the other parent?
3. If settlement at time of trial didn't incorporate evaluator's recommendations for future modifications (i.e., beyond the present), could I make reference to those recommendations as relevant when the time comes for future modifications (i.e., not changing custody, but modifying the parenting plan over time)?
Thanks,
DD
>1. In new pleadings/declarations, can I make reference to
>positive things about my parenting that the evaluator
>reported?
In the absence of a "gag" order, you can refer to the evaluator's report, which will be unsealed as necessary to verify your statements. I suggest that you do not refer to the report directly, but rather to the "evaluator," because, unless you have a photographic memory, you would be hard pressed to explain your ability to quote chapter and verse, from a report that was not supposed to be copied or removed from the court's control under penalty of felony charges.
>
>2. In new pleadings/declarations, can I make reference to
>negative things about the other parent?
Sure, but I'd be real careful about doing it, unless the evaluator was unilatterally negative -- you don't want to appear to be hostile to the other parent, because that's not in the "child(ren)'s best interests," don't cha know.
>3. If settlement at time of trial didn't incorporate
>evaluator's recommendations for future modifications (i.e.,
>beyond the present), could I make reference to those
>recommendations as relevant when the time comes for future
>modifications (i.e., not changing custody, but modifying the
>parenting plan over time)?
You can, but the other party can just say, "Hey, you agreed having facts to the contrary, so you should be estopped from asserting a contrary position now." And, if the other party does, then your statements will probably be struck from the record.
As a practical matter, however, most attorneys are way too busy to remember who said what in a prior hearing, so, unless this actually gets to an appellate court, opposing counsel is not gonna raise estoppel, unless his/her client knows what it means and how to use it, and thereby jogs his/her attorney's memory.
.