California Court of Appeal

In this marital dissolution case, the trial court denied petitioner’s motion to have the child custody evaluator removed for bias and her evaluations stricken. Peremptory writ of mandate is issued, commanding the lower court to vacate its order denying petitioner’s motion, where considering the totality of the circumstances, the child custody evaluator’s communications and her conduct in stepping out of her role as an evaluator demonstrate bias sufficient to warrant removal and the striking of her evaluations.

Appellate Information

• Decided 11/25/2014
• Published 11/25/2014

Judges

• Miller

Court

• California Court of Appeal

Counsel