One. In contentious court decision-making and parenting time proceedings, as well as in other custody proceedings, if requested to do so by a parent or the child`s maintenance creditor, the court may order an inquiry and report on the legal decision-making or the regulation on parental time for the child. The investigation and report may be carried out by the social welfare service of the court, the staff of the juvenile court, the local probation or social service, or an individual. The report must include a written statement from the person completing the report that he or she has met the training requirements prescribed in Subdivision C of this Division. For example, in cases involving allegations of domestic violence, it is important to ensure that the CAA has specific qualifications and experience in this area in your case. Unless CAA has specific experience, there are a number of concerns related to domestic violence, such as risk factors for risk assessment and intimate terrorism, to name a few, that can be overlooked. If, in your case, a CAA is appointed and you are concerned, after verifying the CAA QUALIFICATIONS, that the person does not have the appropriate experience or knowledge, a challenge to the appointment must be filed with the court without delay. Court-appointed advisers and/or best interest lawyers are appointed in cases where one or both parents are allegedly unfit or unstable, or where there are significant problems regarding the safety of the environment in which the child lives. The court-appointed counsellor or best interest lawyer asks the child questions about how appropriate the child is to each parent, how much time the child wants to spend with each parent, and other factors important to the question of which parent the child should spend the most time with.
A best interest lawyer is always a lawyer and cannot be called as a witness in the case, while a court-appointed counselor is usually a psychologist and can be called as a witness in the case. The job of a best interest lawyer is to pass on to the judge what is best for the child, even if this position is not good for one or both parents. It is much more common for a court-appointed consultant to be appointed; Best interest lawyers are usually appointed only in the most serious cases of allegations of incapacity. In Arizona, any parent can request that the child be questioned, or the judge can order that the child be questioned. The child is unlikely to be questioned by the judge. If an interview is appropriate in a particular case, the child may be questioned by a court-appointed counsellor or a best interest lawyer. A court-appointed counselor is a person who is asked by the court to testify or submit a report explaining the counselor`s recommendation, which is in the best interests of the minor child. This person may be called as a witness without having to appear on the witness list. The court can only appoint “a qualified person or a non-profit or governmental governmental organization as qualified persons.” To qualify, a person must have received training or experience in the type of procedure in which the appointment is made, in accordance with the standards established by Arizona law or rule.
“B. Where an inquiry and report are ordered in accordance with this Division, or where the court appoints a family court counsel, the court shall apportion the costs according to the financial circumstances of both parties. It is important that the parent whose child is to be interviewed is prepared to properly inform the child of the interview and not to discuss the case with the child. Judges get upset when a parent talks to the child about the custody case. Children should not be burdened with such things. They should be free to live their lives as children and without the emotional turmoil of having to worry about what happens to the struggle between their parents. C. The court shall require that a court-appointed lawyer for a child, a court-appointed counsel, or any person conducting an investigation or preparing a report under this section receive training that meets the following minimum standards: After all, something to watch, especially for young children, is supervision by the other parent. It is relatively common for parents to try to influence what the child says when questioned. An experienced and qualified psychiatrist will sometimes realize this and will include this information in the report that must be submitted to the court.
However, this type of sinister coaching is often overlooked. But there are techniques that can be used to minimize the likelihood of coaching and discover it when it has been done. In addition, independent experts on parental alienation may be required to demonstrate to the court the extent of the psychological influence that one parent exerts on the child to induce him or her to challenge the other parent. G. The court sends the investigator`s report to the lawyer at least ten days before the hearing. The examiner shall communicate to the Board the names and addresses of all persons consulted by the examiner. Any party to the proceedings may request an investigation by the examiner and any person consulted by the examiner. In Arizona, there are several types of experts who can be appointed by the family court in a case involving minor children, each serving a separate purpose.
One of the possible appointments is that of a court-appointed consultant (“CAA”). The judge may appoint a CAA in cases where (1) there are allegations of child abuse or neglect; (2) there is a high level of conflict between parents; (3) there is a history of drug abuse or domestic violence; (4) the child is an infant or younger or has special needs and there are serious concerns about a parent`s mental health or behaviour; or (5) for any other reason the Court deems appropriate. Do I need a lawyer? Unsure of the type of help you need, let AzCourtHelp guide you. You may not need a lawyer after all. For more information, see — AzCourtHelp.org. There is an argument between you and your child`s other parent that has escalated into a first or subsequent case before the judge. The court held a resolution management conference (or return hearing) and, at that time, the judge orders the appointment of a court-appointed consultant. Why did this happen? what are you doing now; How is the process progressing? A CAA may be appointed under R.S.A. 25-321 if the Court finds that, at other times, however, this may be prejudicial to the case, particularly where the CAA is not qualified to contribute to the matters entrusted to it. The CAA can only be a qualified person who has received training or experience that meets the standards established in the nature of the matter for which he or she was appointed.
It is important to review the background and experience of an expert you are considering for appointment or who has been appointed by the court to determine if that person has the necessary experience in your case. Court-appointed counsellors are often trained in the areas of mental health. Many, if not most, are psychologists or social workers. The other context in which a child can be interviewed is a parents` conference. In Arizona, a judge can ask parents to attend a parents` conference. A parents` conference is organized with a psychiatrist who meets with both parents and usually also asks the children if they are teenagers. .