What is a Brief Focused Assessment?
Idaho Rule of Family Law and Procedure (IRFLP) 1005 defines a brief focused assessment as “an assessment of a specific, narrowly defined issue or limited set of issues identified by a judge and designated in a court order. The purpose of the assessment is to provide the judge with information generated through reliable procedures regarding focused questions that have been identified by the court as important to the resolution of a child custody dispute. A qualified assessor conducts interviews, makes observations, reviews relevant records, consults relevant collateral contacts, and conducts additional activities in connection with the assessment. The assessment is guided by focused inquiry provided by the court.”
What matters are discussed in a brief focused assessment?
IRFLP 1005(e) explains, “a brief focused assessment must be limited to assessing not more than three of the following issues: (1) the wishes of the child regarding custody, including the context and basis for those wishes; (2) the child’s academic performance and functioning within a defined time period, including, but not limited to, circumstances surrounding the child’s attendance at school or lack thereof; (3) the adequacy of the residence of one or more the child’s physical custodians including, but not limited to, cleanliness and safety; (4) the adequacy of the physical environment of any or all third-party care providers to the child including, but not limited to, cleanliness and safety; (5) whether any or all of the parties presently consume drugs or alcohol in a manner that adversely impacts their ability to provide proper parental care to the child; in so doing, the assessor may request any party or a child of the parties to submit to random drug testing, including urine and hair follicle testing; (6) whether or not the child is fearful of one of the parties including, but not limited to, at custody exchanges; (7) the identification of present mental health issues is any or all parties and, how those issues are likely to impact parenting capacity, or the party’s ability to provide a consistent and safe environment during custody time; (8) in cases involving a disabled party, the identification of adaptive equipment or supportive services that are available which enable the disabled party to carry out the responsibilities of parenting the child; and (9) any other factual issue that is narrowly-defined by the court.”
When might a brief focused assessment be ordered?
IRFLP 1005(c) states, “A brief focused assessment may be initiated on a motion of any party, agreement of the parties, or on the court’s motion.”
How do I choose a provider?
Parents should refer to the Order for Brief Focused Assessment within their case, as this will provide specific instructions from the presiding judge.
Is financial assistance available for provider fees?
Yes. Parents ordered to participate in a brief focused assessment and seeking financial assistance are encouraged to submit our online Application for Funding. Funding applicants and their listed provider typically receive an email notification of funding eligibility within 2-3 business days.
The explanation of services above does not constitute or imply any endorsement, recommendation, or favoring by the Idaho Supreme Court or the Third Judicial District of Idaho. This explanation has been composed by Family Court Services of the Third Judicial District in an effort to provide transparency and access to family law resources within the Third Judicial District. Parties utilizing the information provided above are responsible for verifying any rules, statutes, information, financial agreements, or procedures within their respective cases and circumstances.
What is mediation?
Idaho Rule of Family Law and Procedure (IRFLP) 602 defines mediation as “the process by which a neutral mediator appointed by the court or agreed to by the parties assists the parties in reaching a mutually acceptable agreement as to issues of child custody and visitation. The role of the mediator is to help the parties identify the issues, reduce misunderstandings, clarify priorities, explore areas of compromise, and find points of agreement. An agreement reached by the parties is to be based on the decisions of the parties, not the decisions of the mediator.”
What matters are discussed in mediation?
IRFLP 602(b) states “all family law actions involving a controversy over custody of visitation of a minor child are subject to mediation regarding issues of custody, visitation, or both.” This means that although child custody and visitation is entailed, mediation may also include discussion on how parents’ debts and assets (including real property) will be divided.
How do I choose a mediator?
Parents should refer to the Order to Attend Mediation within their case, as this will provide specific instructions from the presiding judge. Parties that have either mutually agreed upon a mediator or are unable to agree upon a mediator and need to notify the court of their mediation selection status may do so by submitting a Notice of Mediator Selection form to the court.
Is financial assistance available for mediation fees?
Yes. Parents ordered to mediation and seeking financial assistance are encouraged to submit our online Application for Funding. Funding applicants and their listed provider typically receive an email notification of funding eligibility within 2-3 business days.
The explanation of services above does not constitute or imply any endorsement, recommendation, or favoring by the Idaho Supreme Court or the Third Judicial District of Idaho. This explanation has been composed by Family Court Services of the Third Judicial District in an effort to provide transparency and access to family law resources within the Third Judicial District. Parties utilizing the information provided above are responsible for verifying any rules, statutes, information, financial agreements, or procedures within their respective cases and circumstances.
What is a child interview and when might it be ordered?
Idaho Rule of Family Law and Procedure (IRFLP) 118(c) explains, “On motion of any party, or its own motion, the court may, in its discretion, conduct an in camera interview [also referred to as a child interview or interview of a minor child] with a minor child who is the subject of a custody, parenting time, or civil protection order dispute, to ascertain any relevant information, including the child’s wishes as to the child’s custodian and as to parenting time. The interview may be conducted at any stage of the proceeding and will be recorded by a court reporter or any electronic medium that is retrievable in perceivable form. The record of the interview may be sealed, in whole or in part, on a showing of good cause and after considering the best interests of the child. The parties may stipulate that the record of the interview will not be provided to the parties or that the interview may be conducted off the record.”
Who conducts the interview?
Depending upon the Order for FCS Interview of a Minor Child or Order for In Camera Interview within their case, either the presiding judge or a Family Court Services designee will conduct the interview.
How do I schedule the interview?
Parents should refer to the Order for FCS Interview of a Minor Child or Order for In Camera Interview within their case, as this will provide specific instructions from the presiding judge.
Do I receive a copy of the interview report?
In camera interviews are recorded. Depending upon the case and presiding judge, written reports may also be generated. Parents and/or attorneys may request both audio recordings and written reports by submitting a records request with their respective county clerk or records division.
Is financial assistance available for interview fees?
No. Child interviews are typically conducted by Third Judicial District personnel. Thus, there are no fees attached.
The explanation of services above does not constitute or imply any endorsement, recommendation, or favoring by the Idaho Supreme Court or the Third Judicial District of Idaho. This explanation has been composed by Family Court Services of the Third Judicial District in an effort to provide transparency and access to family law resources within the Third Judicial District. Parties utilizing the information provided above are responsible for verifying any rules, statutes, information, financial agreements, or procedures within their respective cases and circumstances.
What is co-parenting coaching?
Idaho Rule of Family Law and Procedure (IRFLP) 1001 states, “The court may order the parties to engage in parent education and other resources. The court may order supplemental or additional education, such as parenting skills classes, parental conflict resolution classes, and other parental resources. The court has discretion to enter default if the responding party fails to attend the parenting class.”
What co-parenting curriculums are available?
Currently, judges within the Third Judicial District most frequently order parents to attend a “co-parenting coaching” curriculum format. Additional curriculums will be added to the above mentioned list as they become readily available.
How do I choose a provider?
Parents should refer to the Order to Attend within their case, as this will provide specific instructions from the presiding judge.
Is financial assistance available for co-parent coaching fees?
Yes. Parents ordered to attend co-parent coaching and seeking financial assistance are encouraged to submit our online Application for Funding. Funding applicants and their listed provider typically receive an email notification of funding eligibility within 2-3 business days.
The explanation of services above does not constitute or imply any endorsement, recommendation, or favoring by the Idaho Supreme Court or the Third Judicial District of Idaho. This explanation has been composed by Family Court Services of the Third Judicial District in an effort to provide transparency and access to family law resources within the Third Judicial District. Parties utilizing the information provided above are responsible for verifying any rules, statutes, information, financial agreements, or procedures within their respective cases and circumstances.
What is a parenting coordinator?
Idaho Rule of Family Law and Procedure (IRFLP) 1002 defines a parenting coordinator as “a qualified impartial person appointed by the court either by stipulation of the parties, motion by one party, or on its own motion to perform any and all of the following functions: (1) decide certain discretionary issues specified in the order of appointment relating to custody of a minor child; (2) assist the parties with reaching an agreement to resolve certain custody issues; or (3) make recommendations to the court and parties.”
When might a parenting coordinator be ordered?
IRFLP 1002(2) explains, “The purpose of appointing a Parenting Coordinator in a given case should be to help parents (1) implement a court order regarding child custody, (2) comply with a court order regarding child custody, (3) resolve day-to-day issues that arise regarding physical and legal custody of their child, (4) learn healthy and effective methods of communication and ways to safely exchange their child, and (5) reduce re-litigation where high conflict threatens the safety or well-being of their child.”
When might one be referred to their parenting coordinator?
IRFLP 1002(3) states, “A reference to a Parenting Coordinator must be the exception and not the rule. Such a reference must be made only when: (A) the issues appear to be intractable or have been the subject of frequent re-litigation; (B) the well-being of a minor child is placed at risk by the parents’ inability to co-parent civilly; (C) one or both parents have committed domestic violence; (D) one or both parents are chemically dependent or mentally ill; or (E) other exceptional circumstances require such appointment to protect the child’s best interests.”
How do I choose a parenting coordinator?
Parents should refer to the Order for Parenting Coordinator within their case, as this will provide specific instructions from the presiding judge.
Is financial assistance available for provider fees?
Yes, depending upon case factors. Parents ordered to a parenting coordinator and seeking financial assistance are encouraged to submit our online Application for Funding. Funding applicants and their listed provider typically receive an email notification of funding eligibility within 2-3 business days.
The explanation of services above does not constitute or imply any endorsement, recommendation, or favoring by the Idaho Supreme Court or the Third Judicial District of Idaho. This explanation has been composed by Family Court Services of the Third Judicial District in an effort to provide transparency and access to family law resources within the Third Judicial District. Parties utilizing the information provided above are responsible for verifying any rules, statutes, information, financial agreements, or procedures within their respective cases and circumstances.
What is a parenting time evaluation?
Idaho Rule of Family Law and Procedure (IRFLP) 1004 defines a parenting time evaluation as “an expert investigation and analysis of the best interest of the child with regard to disputed parenting time issues. The parenting time evaluation must not include interim parenting time recommendations or a brief focused assessment. The purpose of a parenting time evaluation is to provide the court with information it may consider to make decisions regarding custody and parenting time arrangements that are in the child’s best interest. This is accomplished, among other things, by assessing the capacity to parent, and the developmental, emotional, and physical needs of the child.
What matters are discussed in a parenting time evaluation?
IRFLP 1004 (a) states, “Unless otherwise specified in the order, evaluators must consider and respond to the factors set forth at Idaho Code § 32-717.”
When might a parenting time evaluation be ordered?
IRFLP 1004(b) states “The court, on a motion of any party, agreement of the parties, or on its own motion, may order a parenting time evaluation in any action involving custody of a minor child to assist the trier of fact with matters that affect the best interest of the child.”
How do I choose an evaluator?
Parents should refer to the Order for Parenting Time Evaluation within their case, as this will provide specific instructions from the presiding judge.
Is financial assistance available for parenting time evaluation fees?
Yes. Parents ordered to participate in a parenting time evaluation and seeking financial assistance are encouraged to submit our online Application for Funding. Funding applicants and their listed provider typically receive an email notification of funding eligibility within 2-3 business days.
The explanation of services above does not constitute or imply any endorsement, recommendation, or favoring by the Idaho Supreme Court or the Third Judicial District of Idaho. This explanation has been composed by Family Court Services of the Third Judicial District in an effort to provide transparency and access to family law resources within the Third Judicial District. Parties utilizing the information provided above are responsible for verifying any rules, statutes, information, financial agreements, or procedures within their respective cases and circumstances.
What is supervised visitation?
Idaho Rule of Family Law and Procedure (IRFLP) 1003 defines supervised access (visitation) as “any contact between a supervised party and one or more children in the presence of an approved provider.” This rule applies in cases in which the court orders supervised access to the child and sets forth the duties and obligations for providers of supervised access. IRFLP 1003 also details the types of supervised access or exchange that may be available or ordered, as well as who may provide those services.
How do I choose a provider?
Parents should refer to the Order for Supervised Visitation within their case, as this will provide specific instructions from the presiding judge.
Is financial assistance available for supervised visitation fees?
Yes. Parents ordered to supervised visitation and seeking financial assistance are encouraged to submit our online Application for Funding. Funding applicants and their listed provider typically receive an email notification of funding eligibility within 2-3 business days.
The explanation of services above does not constitute or imply any endorsement, recommendation, or favoring by the Idaho Supreme Court or the Third Judicial District of Idaho. This explanation has been composed by Family Court Services of the Third Judicial District in an effort to provide transparency and access to family law resources within the Third Judicial District. Parties utilizing the information provided above are responsible for verifying any rules, statutes, information, financial agreements, or procedures within their respective cases and circumstances.