FL-328

Notice Regarding Confidentiality   
of Child Custody Evaluation Report 
Under Family Code Section 3111

Case name:

Clerk stamps date here when form is filed.

 } At least 10 days before any hearing regarding custody of the child, the  
       evaluator must       file the report with the clerk of the court, and      serve

2

1

it on the parties or their attorneys and counsel appointed for the child. 

 } This form must be attached as the first page of the child custody

evaluation report. 

 } The child custody evaluation report is private and confidential.  
        It MUST NOT become part of the public court file. 

Case Number:

THE ATTACHED CHILD CUSTODY EVALUATION REPORT IS CONFIDENTIAL

You must not make an "unwarranted disclosure" of the child custody evaluation report. 

Unwarranted 
disclosure of the 
report

A disclosure of the child custody evaluation report is unwarranted if it is done either 
recklessly or maliciously and is not in the best interest of the child. This means that you 
must not misuse or intentionally give the confidential report to someone who is not allowed 
to have it. The only people who are allowed access to the report are listed below.

Possible sanctions  
for an unwarranted 
disclosure of the 
report 

Monetary 
Sanctions:

The court may order that the person who made an unwarranted 
disclosure of the report pay a sanction (a fine) in an amount that is 
large enough to discourage future disclosures.

 Attorney's Fees  
and Costs: 

The possible sanctions may also include reasonable attorney's fees, 
costs, or both.

Access to report 

their job, including:

Reports conducted under section 3111 may be made available to only the following:

1 The parties, their attorneys, and attorneys from whom the parties seek legal representation.

2 Any attorney appointed to represent the child under Family Code section 3150.

3 Court professionals who would receive it directly from the evaluator or the court to do 

•  Family court judicial officers
•  Juvenile court judicial officers •  Juvenile probation officers   •  Child protective services   
•  Probate court judicial officers •  Guardianship investigators  
•  Law enforcement officers  

•  Family court employees        •  Family law facilitators   

4 The agency responsible for licensing and disciplining the child custody evaluator.
5 Others, but only by court order.

Information 

For information about child custody evaluations, 
•  Read Child Custody Evaluation Information Sheet (form FL-329-INFO). 
•  Go to: https://selfhelp.courts.ca.gov/child-custody/evaluations. 

Total Pages

TOTAL NUMBER OF PAGES OF THE REPORT (specify):
(Include in the total, the cover page and all attachments.)

Attachments are confidential and must NOT be filed or served separately from the report.

Judicial Council of California,  
Revised September 1, 2022, Mandatory Form 
Family Code, §§ 3025.5, 3111, 3150 
Cal. Rules of Court, rules 5.220 and 5.242

Notice Regarding Confidentiality of Child 
Custody Evaluation Report 
  Under Family Code Section 3111

FL-328, Page 1 of 1