Court Order Provisions
Order Language
The following provisions must be included in all court orders for evaluation that are accepted by the office of Lori A. Bonnevier, LCSW, LLC (effective July 2019).
New evaluation work will not be received nor will an evaluation commence if the court order does not include the provisions granted by ORCP65 (specifically items 1-5 below).
At your discretion, please add any additional language/provisions either legal party desires or the court orders.
Required Provisions
IT IS HEREBY ORDERED:
1) Lori A Bonnevier, LCSW, LLC is hereby appointed to act as this court's referee in accordance with the procedure and authority granted this court by ORCP 65.
1.1 The referee is an officer of this court and is extended quasi-judicial immunity
1.2 The referee’s findings shall be treated as a recommendation, not as findings of fact that are binding upon either this court or the parties.
2) The referee 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 best suits the children.
2.1 Unless waived by both parties, the referee shall prepare a written recommendation and statement of findings. The attorneys for the parties shall have the right to examine the referee about the report. Counsel for the parties shall have a reasonable opportunity (not less than 14 days) to provide the referee with information on any factual errors, omissions, or corrections that a party believes should appropriately be made before the report is finalized. The referee 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 referee that a party could have previously presented to the referee but failed to do so.
3) Petitioner and Respondent shall:
3.1 Not request that the referee or the opposing party provide the requesting party any documentation provided by the opposing party to the referee until after the referee's recommendation has been released.
3.2 Submit to an examination to be conducted by a psychologist of the referee's choosing if requested by the referee. The person being examined shall pay for the examination.
3.3 Submit to random urine, hair follicle, or nail testing at the referee’s request. The person being examined shall pay for the examination.
4) The referee’s commitment fee shall be deposited with the referee within 10 days of the date of this order. The study shall not begin until the referee’s fee agreement is fully satisfied as outlined in the professional services agreement.
4.1 Each party shall pay _____________ percentage of the referee’s professional fee.
5) A copy of this order and any pleadings either attorney believes to be relevant shall be delivered to the referee.
5.1 Neither attorney shall communicate with the referee 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 referee while the study is underway. The prohibition regarding unilateral contact with the referee terminates once the referee has made a recommendation as directed herein.
Court Order Provisions
Order Language
The following provisions must be included in all court orders for evaluation that are accepted by the office of Lori A. Bonnevier, LCSW, LLC (effective July 2019).
New evaluation work will not be received nor will an evaluation commence if the court order does not include the provisions granted by ORCP65 (specifically items 1-5 below).
At your discretion, please add any additional language/provisions either legal party desires or the court orders.
Required Provisions
IT IS HEREBY ORDERED:
1) Lori A Bonnevier, LCSW, LLC is hereby appointed to act as this court's referee in accordance with the procedure and authority granted this court by ORCP 65.
1.1 The referee is an officer of this court and is extended quasi-judicial immunity
1.2 The referee’s findings shall be treated as a recommendation, not as findings of fact that are binding upon either this court or the parties.
2) The referee 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 best suits the children.
2.1 Unless waived by both parties, the referee shall prepare a written recommendation and statement of findings. The attorneys for the parties shall have the right to examine the referee about the report. Counsel for the parties shall have a reasonable opportunity (not less than 14 days) to provide the referee with information on any factual errors, omissions, or corrections that a party believes should appropriately be made before the report is finalized. The referee 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 referee that a party could have previously presented to the referee but failed to do so.
3) Petitioner and Respondent shall:
3.1 Not request that the referee or the opposing party provide the requesting party any documentation provided by the opposing party to the referee until after the referee's recommendation has been released.
3.2 Submit to an examination to be conducted by a psychologist of the referee's choosing if requested by the referee. The person being examined shall pay for the examination.
3.3 Submit to random urine, hair follicle, or nail testing at the referee’s request. The person being examined shall pay for the examination.
4) The referee’s commitment fee shall be deposited with the referee within 10 days of the date of this order. The study shall not begin until the referee’s fee agreement is fully satisfied as outlined in the professional services agreement.
4.1 Each party shall pay _____________ percentage of the referee’s professional fee.
5) A copy of this order and any pleadings either attorney believes to be relevant shall be delivered to the referee.
5.1 Neither attorney shall communicate with the referee 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 referee while the study is underway. The prohibition regarding unilateral contact with the referee terminates once the referee has made a recommendation as directed herein.