Tuesday, October 28, 2014

CHILD CUSTODY FORENSIC REPORTS

This has been reported in the NYLJ and others - JFD v. JD from Nassau Supreme Court Judge Goodstein:

"Accordingly, it is this Court’s belief that the forensic evaluator’s raw data, recordings, notes, tests, test results, and all material relied upon and created during the evaluation process are discoverable by both parties and by the Attorney for the Children. Likewise, this Court, while coming to this decision, shall, from this day forward, allow the parties themselves to read the report, as well as the raw material. However, the parties shall not be provided a copy of the report or the raw materials, but will be allowed to review the report and raw materials in their attorney’s office with an attorney present. They will be permitted to take notes, but will be precluded from taking photos and/or copies of the report and/or the raw data. This Court’s orders appointing forensic evaluators for custody purposes will address the evaluator’s responsibility to maintain and provide copies of all the raw data materials to the Court, which in turn, will provide same to counsel as set forth above with the signing of a Stipulation for Release and Use of Forensic Reports and Order as outlined above. Only in doing this can a party truly assist their counsel in preparing for an effective crossexamination."

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