Required Provisions

IT IS HEREBY ORDERED:

1. Lori A Bonnevier, LCSW, LLC is hereby appointed as the evaluator and the courts expert to conduct a custody and/or parenting time evaluation of the parties and their minor child(ren), please name child(ren) and ages here.

2. Because the evaluator is acting as a court-appointed expert in conducting her investigation, writing a report, and making recommendations to the court, she is the courts expert and performing judicial functions and is entitled to judicial immunity (Harrison v. Joseph B. Mazza, LLC 333 Or App 367 (2024).

2.2 The expert’s findings shall be treated as a recommendation, not as findings of fact that are binding upon either this court or the parties.

3) The expert shall conduct a study of the family in the above-entitled proceeding and recommend to the court which parent should be granted custody of the children (*if applicable) and recommend a parenting plan that is in the best interests of the children.

3.1 Unless waived by both parties, the expert shall prepare a written recommendation and statement of findings.  The attorneys for the parties shall have the right to examine the expert about the report. Counsel for the parties shall have a reasonable opportunity (not less than 14 days) to provide the expert with information on any factual errors, omissions, or corrections that a party believes should appropriately be made before the report is finalized. The expert shall not be required to make any changes to the report, but may issue a supplemental statement if appropriate. This procedure is intended solely to provide the attorneys an opportunity to make corrections.  It is not an opportunity to provide new or additional information to the expert that a party could have previously presented to the expert but failed to do so.

4) Petitioner and Respondent shall:

4.1 Not request that the expert or the opposing party provide the requesting party any documentation provided by the opposing party to the expert until after the expert's recommendation has been released.

4.2 Submit to an examination to be conducted by a psychologist of the expert's choosing if requested by the expert.  The person being examined shall pay for the examination unless otherwise specified by this order.

4.3 Submit to random urine, hair follicle, or nail testing at the expert’s request.  The person being examined shall pay for the examination unless otherwise specified by this order.

5) The expert’s commitment fee shall be deposited within 10 days of the date of this order.  The study shall not begin until the expert’s fee agreement is fully satisfied as outlined in the professional services agreement.

5.1 Each party shall pay _____________ percentage of the expert’s professional fee.

6) A copy of this order and any pleadings either attorney believes to be relevant shall be delivered to the expert prior the first meetings – by form of a Dropbox when applicable.

6.1 Neither attorney shall communicate with the expert regarding the merits of the case other than by letter, with a copy of that letter being provided to the other attorney. It is anticipated that one or both attorneys will discuss procedural matters with the expert while the study is underway. The prohibition regarding unilateral contact with the expert terminates once the expert has made a recommendation as directed herein.