New York policy regarding forensic evaluations of the parties and their children in custody cases has evolved slowly since the 1960s when traditional adversary procedure was adapted in Kesseler v. Kesseler, 10 N.Y.2d 445, 225 N.Y.S.2d 1 (1962)), to serve the “best interests of the child.” 

In Kesseler v. Kesseler, supra, the court of appeals held that in a custody proceeding, the court may order forensic evaluations by impartial professionals who would be available to be called as an expert witness and testify in accordance with the common-law rules of evidence. The court held that even without the consent of the parties, the court may direct a probation officer, family counselor attached to the court, or other qualified and impartial psychiatrists, psychologists, or other professional medical personnel to make investigations, although they may not report to the court. The report could be used to furnish leads for the introduction of common-law evidence. The court of appeals went on to state that there was no reason which would prevent the court, in the proper exercise of judicial discretion, from calling upon such persons “to examine the infant or to examine the parents also if they will submit to such examination. However, the psychologists, psychiatrists, or other medical personnel could not report to the court in the absence of a stipulation by the parties. 

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