One of the most significant and long-standing problems in custody litigation is lack of transparency in the forensic process.1 The opacity is thickened by the restrictions some courts place on access to the custody evaluator’s report and underlying file. While enlightened courts recognize that due process requires full disclosure of the report and primary data,2 others impose restrictions that are downright Draconian.3 A number of reform proposals have been put forth over the years,4 including one from the Matrimonial Commission, chaired by Hon. Sondra Miller, more than a decade ago.5 Sadly, those proposals were never brought to fruition.
In recent years the problem has gained legislative attention. Helene E. Weinstein, Chair of the Assembly Judiciary Committee, put forth a bill6 that would bring greater transparency to the process. That bill encountered resistance from various interest groups due to concerns that allowing litigants to possess a copy of the evaluation report would risk untoward dissemination that could be detrimental to the subject children. Consequently, it failed to pass in the last legislative session.
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