Rancho Santa Fe family law

Who Can See a Custody Evaluation or Family Court Services Report?

Custody evaluations and Family Court Services recommendations go to the parents, their attorneys, the child's counsel and the court. The public cannot see them.

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A plain folder tied with string on a desk below a window of oak trees.

Only a small circle can see a custody evaluation or a Family Court Services recommendation in a California custody case: the parents, their attorneys, any attorney appointed for the child, the judge and court staff, a few others the law lists, such as federal or state law enforcement officers and the evaluator's licensing entity, and anyone else the court allows by order. Both kinds of report go into the confidential part of the court file, and the public cannot read them.

Most people facing a contested custody case learn about these reports suddenly. A parent hears that a counselor will write a recommendation, or that the court has appointed an evaluator, and the first worry is who will read what is written about the family: the other parent, an employer, neighbors, the child's school. Two different documents are involved. One is a court-appointed custody evaluation, ordered under Family Code section 3111 or Evidence Code section 730. The other is the written recommendation from Family Court Services, the court's own child custody counseling program under Family Code sections 3170 and 3183. Custody cases from Rancho Santa Fe ZIP codes are generally filed in the North County Division of the Superior Court of California, County of San Diego, at the North County Regional Center, 325 South Melrose Drive, Vista, CA 92081, so the San Diego court's local rules and forms apply. The answers below take each document in turn.

If You'd Like a Confidential Consultation

Questions about who can read a custody report are rarely only about privacy. They usually sit alongside what the report says, how it was prepared, and how it will be used at the hearing. A consultation can go over which document is involved in a specific case, who has received it, how the confidentiality rules above apply, and what the court's process looks like from that point. The firm practices California family law only.

To talk through how these confidentiality rules apply to your own custody case, contact Rancho Santa Fe Family Law Advocates to request a confidential consultation.

Frequently asked questions

Who is allowed to see a court-appointed custody evaluation report in California?

Under Family Code section 3025.5, a report with psychological evaluations of a child or custody recommendations goes into the confidential portion of the court file. It may be disclosed only to the parties and their attorneys; a federal or state law enforcement officer, the evaluator's licensing entity, or a judicial officer, court employee or family court facilitator of the superior court of the county where the case was filed, or an employee or agent of that facilitator acting within the scope of the facilitator's duties; counsel appointed for the child; and anyone else the court orders for good cause. In San Diego, the court's mandatory confidential cover sheet for an evaluator's case plan (SDSC Form D-320) states that the case plan may not be made available to anyone other than the parties and their attorneys (including attorneys from whom the parties seek legal representation), Minor's Counsel and anyone authorized by court order. The same form warns that the court may impose a monetary penalty against a party who discloses the contents of the case plan, which may include reasonable attorney fees and costs.

Can the public or my employer see a custody evaluation report?

No, unless a judge orders it. Because the report sits in the confidential portion of the file, a member of the public, an employer or a reporter looking at the case file does not reach it, and a person outside the listed group would need a court order based on good cause. Family Code section 3111 adds a consequence: if the court finds a party made an unwarranted disclosure of the report, meaning a reckless or malicious one that is not in the child's best interest, it may order that party to pay a monetary sanction, which can include attorney fees and costs. Parents who also worry about other details in the file, such as a home address, can read about keeping your address private.

Who can see the Family Court Services written recommendation in San Diego County?

The recommendation goes to the judge, and both parents get a copy. The court's Family Court Services FAQ says the Family Court Counselor makes a written recommendation to the court on any issues not resolved in counseling, and "the parties will receive a copy of the recommendation in writing prior to the court hearing." Under the court's Local Rules 5.11.2 and 5.11.4, court counseling is "non-confidential as between the counselor, the court, the parties and their attorneys, but remains confidential as to the public." Family Code section 3025.5 also covers a recommendation made under section 3183, so it too belongs in the confidential portion of the file.

Is the Family Court Services counseling session itself confidential?

It depends on whether the counseling is through the court or private. Family Code section 3177 says court mediation is held in private and is confidential, and treats what the parties tell the mediator as official information. Even so, San Diego's local rules make court counseling open among the counselor, the judge, the parents and their attorneys, so what is said can shape the recommendation the judge reads; it stays closed to the public. The court's Family Court Services FAQ adds that a parent who has a domestic violence restraining order may bring a support person, who cannot take part and must keep the session confidential.

When do the parties receive the Family Court Services recommendation?

Before the hearing. Family Code section 3183(a) allows the counselor, called a child custody recommending counselor, to submit a recommendation only if the parties and their attorneys, including any counsel for the children, first receive it in writing in advance of the hearing, and the judge must ask at the hearing whether they did. The court's Family Court Services FAQ states the same point from the court's side. The court's pages do not give a set number of days for this.

Does the judge see the custody evaluation report?

Yes. Form D-320 states that the evaluator's case plan "is submitted to the court pursuant to San Diego Superior Court Local Rules, rule 5.14.3," and Family Code section 3111 says that, if the court directs, the evaluator files a written confidential report with the clerk at least 10 days before a custody hearing. The report is evidence the court weighs. The judge, not the evaluator, decides custody, and no report makes the result certain either way.

Can my child's other parent see the custody evaluation report?

The other parent is entitled to see it. Section 3111 requires the evaluation report to be served on the parties or their attorneys, and the Family Court Services recommendation goes to both parties as well. For many parents in Rancho Santa Fe this is the hardest part to accept, since the reports can include what each parent said about the other. Neither document is a private letter to one side. More on how these reports fit into the wider case is on the child custody page.

Can my attorney see the custody evaluation or Family Court Services report?

Yes. Each party's attorney falls within the group allowed to receive both the evaluation and the Family Court Services recommendation. Counsel appointed for the child may receive them too under Family Code section 3025.5, and section 3183(a) names that counsel among those who get the counselor's recommendation in writing.

What does a custody evaluator look for during the evaluation?

The evaluation is built around the child's best interest, the standard in Family Code section 3011. That section directs the court to consider, among other relevant factors, the child's health, safety and welfare; any history of abuse by a parent or a person seeking custody; the nature and amount of contact with both parents; and habitual illegal drug use or alcohol abuse by either parent. It also bars considering a parent's sex, gender identity, gender expression or sexual orientation. What a particular evaluator focuses on depends on the issues in the case.

How is a court-appointed custody evaluation different from Family Court Services counseling in San Diego County?

They are separate processes. Family Court Services counseling is required: under Family Code section 3170, when a request shows custody or visitation is contested, the court must set those issues for mediation, which in San Diego is child custody recommending counseling. A custody evaluation is something the court may order in a contested case when it finds that is in the child's best interest, under section 3111, or by appointing an evaluator under Evidence Code section 730. Section 3183(b) also lets the counselor recommend an evaluation when the parents do not reach agreement. Domestic violence cases follow a separate written protocol approved by the Judicial Council, under section 3170(b).

Is private custody counseling in San Diego County confidential?

That is up to the parents. The court's local rules say "the private counseling may be confidential or non-confidential as agreed to by the parties." If the counseling was confidential and no agreement is reached, "the parties must then participate in non-confidential counseling before the matter is heard," with a private counselor or with Family Court Services. If the counseling was non-confidential, either parent or the counselor may submit the counselor's report to the court.

Where are custody cases from Rancho Santa Fe filed in San Diego County?

The San Diego Superior Court files family cases by ZIP code, and cases from Rancho Santa Fe ZIP codes are generally filed in the North County Division at the North County Regional Center, 325 South Melrose Drive, Vista, CA 92081. The local rules name a few exceptions that must be filed in the Central Division, including matters involving the Department of Child Support Services. A broader overview of how a case proceeds there is on the divorce in Rancho Santa Fe page.

Attorney Contributor: Amy J. Lass | California Bar No. 246779

Amy J. Lass contributes legal expertise and reviews selected legal content for accuracy. General information only — not legal advice.

Published: November 10, 2026

Sources

California Family Code § 3025.5 — California Legislative Information
California Family Code § 3177 — California Legislative Information
California Family Code § 3170 — California Legislative Information
California Family Code § 3183 — California Legislative Information
California Family Code § 3111 — California Legislative Information
California Family Code § 3011 — California Legislative Information
California Evidence Code § 730 — California Legislative Information
Local Rules of Court, Division V: Family Law (effective January 1, 2026), Superior Court of California, County of San Diego — Superior Court of California, County of San Diego
Family Court Services Frequently Asked Questions, Superior Court of California, County of San Diego — Superior Court of California, County of San Diego
Confidential Case Plan Cover Sheet - Court Appointed Custody Evaluator / Expert (SDSC Form D-320, New 1/25) — Superior Court of California, County of San Diego

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