What is a 604.10 Evaluation?
In a highly contested divorce or parentage cases, a 604.10 evaluation is a formal evaluation by a mental health professional to assist the Court in determining the best interest of the children. There are different types of evaluations under 750 ILCS 5/604.10. A 604.10(b) evaluation is when an expert is court appointed which is different from 604.10(c), where a party retains their own evaluator, subject to court approval. Here are some frequently asked questions regarding 604.10 Evaluations:
1. What is the evaluation and what can I expect during the process? A 604.10 evaluation is the process of a mental health professional investigating a family in order to make recommendations to the Court regarding custody issues such as parenting schedules or decision making. Evaluators may have different processes of conducting their evaluations. Typically, the evaluation will consist of interviews of each party and the minor children. The evaluator may also choose to interview caregivers, teachers, extended family, friends or other members of the household.
2. Who decides the parties should submit to a 604.10? Either party can present a motion to the Court for a 604.10 evaluator to be appointed or the Judge may decide to appoint an evaluator without a motion from either party. Ultimately, it is in the Judge’s discretion whether they find it necessary to appoint the evaluator.
3. Who chooses the evaluator? In the case of a 604.10(b), parties, through their counsel, may be able to come to an agreement on what evaluator will be chosen. Likely, in cases where a 604 evaluator is appointed, the case will already have a Child Representative or Guardian ad Litem. The GAL or CR will be a large part of the selection process, and will be the individual most likely to converse with the potential evaluators. However, the Judge is also able to appoint the evaluator who they believe is best suited and will be a neutral third party to the case. In 604.10(c) evaluations, the party who requests the evaluator will choose the party they wish to conduct it, provided the Court approves the request.
4. How long is the process? The length of the evaluation will vary depending on the evaluator and the number of interviews they wish to conduct. However, the process is lengthy and typically will take over three or four months. Upon conclusion, the evaluator will write a report, which will be given to the parties, their counsel and the Court. The evaluator also may not release the final report until after they have been paid in full, which could also delay the process.
5. How expensive is obtaining a 604.10 and who is responsible for the cost? 604.10 evaluations are not cheap and can fall into the range of $5,000 to $10,000 for an initial retainer. After the retainer, an hourly rate will apply that will be dependent on the evaluator. It could be an option to discuss with the evaluator potential payment plans or a decrease in price depending on your financial situation. In regard to the 604.10(b) evaluations, the Judge has the discretion to allocate the cost of an evaluation. A Judge may take different factors into consideration, including the respective incomes of the parties or bad faith behavior that led to the evaluation. With 604.10(c) evaluations, the party who requests the evaluation will be responsible for the costs.
6. Can a 604.10(b) report and a 604.10(c) report be conducted? Yes, both reports may occur in a particular case. The typical sequence is that a 604.10(b) report is ordered and after the report is issued, a party then decides they want another report done by an expert they chose. In this case, they can then ask for a 604.10(c) report, which they would be fully responsible for the costs. It does not have to happen in that order, and a 604.10(c) can be requested without or before a 604.10(b) report.
7. How is a 604.10 report different from a Guardian ad Litem report? A 604.10 report is different from a GAL report because it can involve other types of testing, such as psychological testing, and is conducted by a mental health professional.
After the report is issued, the Judge will read it and take the recommendations and findings into consideration when making their rulings on the case. Judges typically give great weight to a 604.10 report given the extensive amount of time and analysis the evaluator puts into them. The Law Office of Erin M. Wilson is familiar with the 604.10 process and is able to give guidance regarding what to expect when undergoing an evaluation. Contact The Law Office of Erin M. Wilson LLC for a consultation regarding your divorce or parentage matter today.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.