IN MARYLAND: FAMILY COURT LITIGANTS CAN SEE THEIR CUSTODY EVALUATIONS!

 

THIS NEWS IN FROM A READER!

 

The Maryland Court of Appeals decision in Sumpter v. Sumpter:

 

http://www.mdcourts.gov/opinions/coa/2013/120a11.pdf

 

This case comes close to saying that it is a Due Process right of litigants to have copies of their custody evaluations. 

See especially footnote 19 of the majority opinion.

It has special applicability to New York, where every judge has his or her own rule on who can have a copy, who can see the Report, etc. 

 

As you know, this issue is under discussion by the Office of Court Administration at this time, after the OCA sent around a proposed rule. 

 

I think that this decision should be sent to the OCA to add to the comments it received.  This decision points out ways in which the courts can protect against the Report being spread far and wide while still allowing the parties to have copies. 

 

Also see that part of this decision in which the Court points out that custody evaluations are virtually all hearsay – even “hearsay on hearsay.”