1 The evaluator may be contacted by one or both lawyers to make a referral for service. Contact may be by telephone with one lawyer, conference call with both lawyers or by written submission by letter/email with content agreed upon by both lawyers. Parents should not phone directly for this service as this may be perceived as leading to bias by the other parent or party and could actually undermine the referral.
2 Based upon a discussion of the request for service, a letter or email will be provided if the referral has been accepted. This letter must be shared between the lawyers and parties subject to the evaluation.
3 A copy of the pleadings brief and Court Orders are required prior to interviews with the parties if a Court action has begun.
4 Disclosure and transmittal of all records from any agency, physician, CAS, or hospital that has had involvement with the family is required if requested by the evaluator. Both parents may be required to undertake a criminal reference check and provide a police report. School records are required for school age children. Written information from interested third parties may also be requested. Lawyers may be asked to make provision for release, disclosure, transmittal and costs of reports as set out above. Third party reports may be required in advance of setting appointments. Additional information can be requested and required at any point during the service process.
5 After receipt of all pertinent information, appointments will then be set with parents and children. Generally for custody and access evaluations, two meetings are held with each parent separately, and two interviews with the children as brought by one parent and then the other parent. Home visits can be required at the discretion of the evaluator. Subsequent and other interviews will be scheduled as required. In the event a settlement can be reached during the process of the evaluation, this may be encouraged.
6 Following collection of the reports and interviews, a verbal disclosure meeting is held with the lawyers and parties to inform of information obtained, issues identified and proposed solutions/suggestions.
7 On average, 15 - 20 hours are required to complete evaluations inclusive of the verbal disclosure meeting. The cost of evaluation is based on an hourly fee.
8 A retainer based on 20 hours of service is required prior to commencing service. In the event the actual cost is less than the retainer, then a refund will be issued. If the cost is more than the retainer, then more funds will be required prior to the verbal disclosure meeting.
9 The lawyers or parties must determine how the cost of the service will be paid. Cheque(s) or cash must be provided and no action will be taken on the file until funds are cleared.
10 The lawyers and parties agree that Jessica Biren Caverly will not be called to Court for matters concerning this service or any matter concerning the clients subject to this service and will not be called upon to produce a report and will not have his records subpoenaed for any purpose.
11 Jessica Biren Caverly shall be entitled to retain independent legal counsel and to be compensated for the cost thereof on a substantial indemnity basis in circumstances where in his sole and arbitrary determination, his integrity, independence, and quality of service are called into question or in any circumstance where he is required to attend and answer questions in accordance with any subpoena, Order or any other request, whether requiring attendance in person or by any other means such as correspondence, fax, email or telephone.
12 Lawyers and parties also agree not bring any actions for damages or any other claims of any kind or character against Jessica Biren Caverly for any acts or omissions in the course of carrying out his duties. Lawyers and parties agree to waive any and all rights to address any issue against Jessica Biren Caverly through any Court or any other process not here specifically contemplated in this or any other jurisdiction.
13 Assuming cooperation from the parties, evaluations are generally completed within 6 to 10 weeks after clearing of the retainer cheque and receipt of all required reports.
14 The parties must execute the Clinical Evaluative Consultation form at our first meeting.