Yamhill Supp. L. R. 8.091

As amended through June 11, 2024
Rule 8.091 - CUSTODY STUDIES

If the parties are unable, after a good faith effort, to resolve custody and/or visitation issues in mediation, the parties may agree to a custody study. The study must be performed by a duly qualified person but must not be the mediator assigned to the case.

The parties must agree in advance that the report of the custody study will be admissible at trial or other proceedings without appearance of the person who performed the study. The person who performed the study may, however, be subpoenaed at the expense of the person calling the person as a witness.

When the study report had been received by the parties, the parties may, if both parties agree, resume mediation after the report is made available to the mediator.

The expense of the study shall be the responsibility of the parties in such proportion as the parties may agree or as ordered by the court. Persons who seek a custody study under this rule may, prior to proceeding with a custody study, petition the court for partial assistance in the cost of the study, to be paid from funds from the county mediation filing fees. The decision to provide funding shall be based on the abilities of the parties to afford the study. A petition for financial assistance for the custody study shall be accompanied by the name and qualifications of the person to be selected, a recommendation from the mediator as to whether a custody study may be useful and an estimate of cost and affidavits setting forth the financial resources of the parties.

Yamhill Supp. L. R. 8.091

Amended effective 2/1/2024.