Much of Colorado family law, including parenting time schedules and decision making rights, is based on the best interests of the child standard laid out in C.R.S. §14-10-124. As you can imagine, opposing parties in family law cases often have very different views on what is in the best interests of their child (or children.) Unfortunately that can leave the judge in the difficult position of having to determine the best approach based largely on the very limited information that can be presented during a two to four hour hearing. Child and Family Investigators (CFIs) are one way to address that problem.
Role of a Child and Family Investigator
Child and Family Investigators (CFIs) can be appointed to help provide the court with a more complete and detailed picture of the circumstances in a family law case. A CFI is an outside expert (typically with a background in either family law or counseling/therapy) who will investigate the circumstances and consider the relevant facts on behalf of the court. CFIs will typically interview the parties and any other necessary witnesses, observe each parties’ home and interactions with the child or children, and may speak with the children themselves depending on their age(s) and the issues in the case. Ultimately the CFI is tasked with providing the parties and the court with a summary of their findings and a recommended parenting plan based on those findings.
A CFI can and will spend much more time with a case and dive much deeper into the details than the judge could have themselves. If done thoroughly and professionally a CFI report will allow the judge to have a deep understanding of the case that otherwise would have been impossible, and can alleviate the issue of a judge having to rely largely on their own impression and judgment when hearing contradictory testimony from the parties to a case.
Costs of a Child and Family Investigator
Having a CFI appointed to your case will increase the costs of the case, but those costs are generally capped at no more than $3,250 total for the investigation. Pursuant to Chief Justice Directive 04-08 a CFI shall not charge more than $3,250 on any investigation unless there is a written court order stating that specific circumstances in the case justify an unusually large amount of work and charges beyond the standard limit are necessary. Do, however, keep in mind that this maximum charge does not include charges for work outside of the investigation itself. For example, CFIs can charge fees beyond the $3,250 limit for things like appearing in court and testifying about their investigation/recommendation or providing a copy of their complete investigation file.
The CFI’s total charge is somehow split between the parties to the case, either according to an agreement put in place by the parties, or a court order. The total CFI fees are typically split either 50/50 or in a proportion equal to the parties’ respective incomes. Though in more extreme cases one party alone has been held responsible for the full cost of the CFI.
Impact of a Child and Family Investigator on your Case
As would be expected, having a CFI appointed to your case will add a step in the process and may delay the final hearing date or other resolution. CFIs can have slightly different processes in terms of how they conduct their investigation and complete their report, but the process generally takes around three or four months. While the CFI is completing their work the parties can continue to work toward a resolution but typically not much progress is made in the case beyond the investigation itself. Though once the CFI investigation is over the parties should be well poised to address the issues in the case and work toward an amicable resolution if possible. If an agreement is not possible, then the open issues would proceed to a contested hearing in front of the judge. For more information on the overall process of family law cases and how a CFI would fit in, see my posts on family law procedure. Part 1 can be found here, and Part 2 can be found here.
People often seem to be unclear about what influence a CFI report will have on the case and on the court at a hearing. The CFI recommends a detailed parenting plan at the conclusion of their investigation, and the court considers it just that – a recommended plan. The judge is not at all bound to the findings or recommendations of the CFI, but courts do tend to use the recommended plan as a starting point unless there are major reasons to question the CFI’s work or report.
If you have any questions about a CFI or your Colorado family law case in general feel free to reach out to me directly at DillieLawOffice@gmail.com or (720) 507-3105.