If evaluator's report is sealed...

[DecentDad]

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

[socrateaser]

>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.

[DecentDad]

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