Relates to court ordered forensic evaluations and reports in child custody and visitation proceedings.
Summary
Bill A05143 seeks to amend the domestic relations law and the family court act in New York to establish specific guidelines regarding court-ordered forensic evaluations in child custody and visitation cases. The bill introduces a new subdivision that defines the confidentiality of forensic reports, ensuring that they are sealed but accessible to the involved parties and their attorneys. It also outlines the rights of parties to access the evaluator's files and stipulates that any willful failure to comply with court orders regarding these reports may be considered contempt of court.
Impact
The bill will significantly impact how forensic evaluations are conducted and reported in child custody cases in New York. By establishing clear protocols for confidentiality and access to forensic reports, the legislation aims to enhance the transparency and fairness of custody proceedings. It also reinforces the rights of parties involved in custody disputes to access relevant information, potentially leading to more informed decision-making by the courts.
Sentiment
The sentiment surrounding Bill A05143 appears to be neutral, as there are no recorded votes or committee discussions available to indicate strong support or opposition. The bill's focus on confidentiality and access rights suggests an intention to balance the needs of the court with the rights of the parties involved.
Contention
While there are no explicit points of contention noted in the available context, potential areas of debate could arise around the balance between confidentiality and the right to access forensic evaluations. Stakeholders such as family law practitioners and child welfare advocates may have differing views on how these provisions affect the best interests of children in custody disputes.
Prohibits courts from ordering an evaluation of a party or child or allowing into evidence a forensic report created by a forensic evaluator on a party or child to assist such court in a child custody or visitation determination.
Prohibits courts from ordering an evaluation of a party or child or allowing into evidence a forensic report created by a forensic evaluator on a party or child to assist such court in a child custody or visitation determination.
Prohibits courts from ordering an evaluation of a party or child or allowing into evidence a forensic report created by a forensic evaluator on a party or child to assist such court in a child custody or visitation determination.
An Act to amend and reenact ยง 20-124.2 of the Code of Virginia, relating to custody and visitation arrangements for minor; custody evaluation; report.
Relates to recurring payments to the non-custodial parent in special circumstances in child support proceedings involving joint or shared custody of children.
Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.
Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.