Judicial Hearing Officer Howard Spitz
Mother and Father signed a so-ordered stipulation of settlement granting primary physical custody of the parties' child to mother. The parties have now filed modification pleadings with each seeking sole custody of the child. A court-appointed forensic evaluator noted mother was a "restrictive gatekeeper," and alluded that custody should be changed. Mother's expert pointed out severe deficiencies and fatal flaws in the quality of the evaluation of the child in this high conflict case permeated with "he said, she said" allegations. The court agreed, finding the report was permeated with "errors of omission." Yet, it found both parties failed to establish a sufficient change in circumstances occurred to warrant a modification of the 2008 stipulation. The court found the child was well-adjusted, with no anxiety problems and no developmental issues, noting he had excellent grades, and many friends in school. However, it also noted vesting one parent with all decision-making, including awarding sole custody, was not in the child's best interest. Thus, the relief sought by both parties regarding sole custody was denied, but the court transferred the final decision-making on issues of education and decisions on financial matters held by mother to father.
