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biased evaluator

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spig410

Junior Member
What is the name of your state?What is the name of your state?Oregon

During my husbands custody proceedings (last year) with his ex-wife there was a parenting-time evaluation done by a social worker. I believe she met with my husband twice (about 30 mins. each time), and me once (approx. 5 mins) just to "put a face with the name". She spoke with the childrens' teachers and principal. She never came to our home, never spoke to any
collateral witnesses (though she asked for and was furnished with many),never asked to see husband interacting with the children.

When she wrote her report it was outrageously biased. My husband is a mainstream (though somewhat conservative) Christian. She referred to his religion as "a cult". Then went on to say that she worried he would be
intolerant of his 9yo son if he chose to "pursue an alternative lifestyle" later in life. (not just untrue, but what a bizarre thing to say?!) She claimed that the teachers and principal at school had made claims about my husbands "poor anger management" and "intollerance". In court both teachers and pricipal testified that what she had said was completely untrue. She made allegations about our home without having been there or asking my husband or myself about her concerns. etc...ad nauseum.

Ultimately, husband lost. Went from being 50/50 to having to drive 6 hours round trip, 6 to seven times a month. (Mother created distance but husband does bulk of travel because he has midweek visitation weekly as well as EOW.)

Anyway, what's done is done. We can't fight anymore. However my husband does want to file a formal complaint against the evaluator. I'm concerned that if he does she'll find some way to damage him further. We can't afford another court battle, financially or emotionally. So my question is, if he files a complaint is there anything she can to to harm him? Who would complaint be filed with?

Sorry so long and thanks for any insight.

(By the way, the childrens' court appointed attorney felt my husband should get custody (he did interview witnesses and visit both homes), and stated that the evaluator just had personal problems with my husband and didn't like him. Even the opposing attorney admitted in court that evaluator "got some things wrong."
 


Phnx02

Member
spig410 said:
What is the name of your state?What is the name of your state?Oregon

During my husbands custody proceedings (last year) with his ex-wife there was a parenting-time evaluation done by a social worker. I believe she met with my husband twice (about 30 mins. each time), and me once (approx. 5 mins) just to "put a face with the name". She spoke with the childrens' teachers and principal. She never came to our home, never spoke to any
collateral witnesses (though she asked for and was furnished with many),never asked to see husband interacting with the children.

When she wrote her report it was outrageously biased. My husband is a mainstream (though somewhat conservative) Christian. She referred to his religion as "a cult". Then went on to say that she worried he would be
intolerant of his 9yo son if he chose to "pursue an alternative lifestyle" later in life. (not just untrue, but what a bizarre thing to say?!) She claimed that the teachers and principal at school had made claims about my husbands "poor anger management" and "intollerance". In court both teachers and pricipal testified that what she had said was completely untrue. She made allegations about our home without having been there or asking my husband or myself about her concerns. etc...ad nauseum.

Ultimately, husband lost. Went from being 50/50 to having to drive 6 hours round trip, 6 to seven times a month. (Mother created distance but husband does bulk of travel because he has midweek visitation weekly as well as EOW.)

Anyway, what's done is done. We can't fight anymore. However my husband does want to file a formal complaint against the evaluator. I'm concerned that if he does she'll find some way to damage him further. We can't afford another court battle, financially or emotionally. So my question is, if he files a complaint is there anything she can to to harm him? Who would complaint be filed with?

Sorry so long and thanks for any insight.

(By the way, the childrens' court appointed attorney felt my husband should get custody (he did interview witnesses and visit both homes), and stated that the evaluator just had personal problems with my husband and didn't like him. Even the opposing attorney admitted in court that evaluator "got some things wrong."
Sounds like a movie, but I guess anything can be true. If you really think the evaluator made some serious mistakes, your best bet is to hire an attorney to fight it out some more. You could write letters to his/her employer and the state agency, but will probably been viewed as "complaints by a sore loser". It's very hard to fight a government agency without good legal representation.
 

spig410

Junior Member
Thanks for responding. I know it seems a little surreal. (believe me, to us too.) At this point my husband isn't trying to fight the decision. He's kind of been recovering from it since last May, and we don't have any way of knowing whether the judge would have ruled differently if the evaluator hadn't done what she did. At some point you have to make peace and move on. But people in that kind of position of power shouldn't just be able to make things up to push their own personal agenda and prejudice the court. It's just wrong. My husband (who is a great dad, by the way, (my own prejudices aside :D )), just doesn't want this to happen to anyone else if it doesn't have to. I, on the other hand, am less worried about others and more about him. If he files a complaint, can this come back to bite him ? He can prove the things I've said, but we really can't pay any more to do it. And on a selfish note, I can't spend another year mired in this crap.

Does anyone know?? BB, Stealth, IAAL, SeniorJudge? (I've been lurking for a while).
 
You might want to check and see if the evaluator has ties to your husbands ex. My husbands ex tried this with a psychologist and we found out through a website that the two had known eachother for a long time. If your husband lost custody because of this womans testemony then you might want to check with a lawyer to see if the case can be retried with her testemony being thrown out.
 

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