How Courts Use BA/SFE and Child Interviews in Custody Cases?

Reprinted and expanded from the Bar Brief, Newsletter of The Beverly Hills Bar Association, January/February 2012 Issue. Updated to reflect procedural, legal, and practical considerations for California custody cases.

The Elkins Legislation and Its Impact on Custody Proceedings

In January 2012, the next phase of the Elkins Legislation took effect, changing the way California courts handle child custody and visitation disputes. The legislation required the Judicial Council of California to establish procedures for examining child witnesses and to develop alternatives to direct testimony from children.

The law sought to balance two priorities: ensuring children’s voices are considered in decisions that affect their lives, while protecting them from the stress of adversarial testimony in open court.

Research shows that children often want to be heard in matters affecting them and prefer to share their input voluntarily. Many express that they would rather communicate directly with family members than with professionals. (Cashmore & Parkinson, 2008; Gallop et al., 2000; Kelly, 2002, 2007; Smith et al., 2003; Smart, 2002; Taylor, 2006).

Methods for Gathering Children’s Input in Custody Disputes

The Elkins reforms highlighted two cost-effective alternatives to direct testimony:

• Brief Assessment/Solution Focused Evaluation (BA/SFE)
• Child Interviews

These methods provide courts with insight into a child’s perspective without requiring a full 730 evaluation, which is broader, more expensive, and more time-consuming.

What Is a BA/SFE?

A Brief Assessment/Solution Focused Evaluation (BA/SFE) is a targeted evaluation that examines a specific issue, rather than a child’s overall family environment.

Benefits of BA/SFE

• Less intrusive than a full 730 evaluation.
• Quicker turnaround, helping courts resolve issues efficiently.
• Useful in cases involving:
  • Threat assessment or safety concerns, including the need for monitored visitation.
  • Domestic violence allegations.
  • Narrowly defined custody questions.

When BA/SFE Is Not Appropriate

BA/SFEs are not suited for every dispute. They should generally be avoided in cases involving:

• Sexual abuse or physical child abuse allegations.
• Parental alienation claims.
• Move-away disputes (unless a well-defined question is asked).
• Longstanding Department of Children and Family Services (DCFS) involvement.
• Special needs children or children with chronic illness.

In short, BA/SFEs provide a snapshot of family dynamics helpful for limited questions, but not comprehensive enough for complex disputes.

What Is a Child Interview?

A child interview is another approach courts use to understand children’s perspectives. It is generally less costly than a BA/SFE but offers limited information.

Features of a Child Interview

• No recommendations are made to the court.
• Parents are not interviewed.
• Parent-child interactions are not formally studied, except for brief observations in the waiting room.
• The interviewer writes a summary or testifies about findings.

This makes child interviews a direct but narrow tool, a snapshot of the child’s voice, not the family system.

The 730 Evaluation vs. BA/SFE vs. Child Interview

A 730 evaluation is a comprehensive custody evaluation under California Evidence Code Section 730. It reviews family functioning, parental capacity, and psychological concerns.

• 730 Evaluation: Broad, detailed, months to complete, higher cost.
• BA/SFE: Targeted, efficient, suited to specific issues, less costly.
• Child Interview: Narrow, focused on the child’s voice, no recommendations.

Courts decide which method is appropriate based on the complexity of the case and the child’s best interests.

Legal Context and Stakeholder Roles

• Family Code Section 3042: Courts must consider a child’s custody preference if the child is of sufficient age and maturity.
• Judges: Decide whether to order a BA/SFE, child interview, or 730 evaluation.
• Family Court Services (FCS): Often conducts child custody recommendations (CCRC) and may facilitate interviews.
• Minor’s Counsel: Appointed to represent the child’s interests, may recommend evaluations or interviews.
• Custody Evaluators: Licensed psychologists, marriage and family therapists, or social workers trained in forensic evaluation.

Practical Considerations for Parents

Parents involved in custody disputes should understand:

• The court—not the parents—decides whether a BA/SFE, child interview, or 730 evaluation will be used.
• Cost differences: A BA/SFE is typically completed in weeks and costs less, while a 730 evaluation may take months and cost thousands of dollars.
• Timelines: Child interviews are the quickest, often scheduled within weeks. BA/SFEs are faster than 730 evaluations but take longer than interviews.
• Child’s age and maturity: Courts weigh whether a child is developmentally capable of expressing preferences.
• Confidentiality: Reports may become part of the court record and may not be completely private.

Frequently Asked Questions (FAQs)

At what age can a child express custody preferences in California?

Under Family Code Section 3042, courts must consider the wishes of children age 14 or older, though younger children may be heard if appropriate.

Who conducts a BA/SFE or child interview?

Licensed custody evaluators, therapists, or family court services professionals typically conduct these assessments.

Can my child refuse to participate in a custody interview?

Yes, participation must be voluntary. Courts will not compel a child to testify against their will.

Are child interviews confidential?

Interviews are generally confidential, but summaries or testimony may be provided to the court and shared with both parents.

What if I disagree with the findings of a BA/SFE or child interview?

Parents can challenge findings through testimony, cross-examination, or by requesting a broader evaluation, such as a 730 evaluation.

How does domestic violence affect the evaluation type?

Courts may favor BA/SFE in domestic violence cases to quickly assess safety issues, but serious allegations may require a 730 evaluation.

Get Legal Help with Custody Evaluations

Custody disputes require knowledge, strategy, and an understanding of California’s evolving custody laws. Whether your case involves a BA/SFE, child interview, or 730 evaluation, guidance from an experienced attorney is essential.

At Reape Rickett, we help parents navigate complex custody disputes with a child-focused approach. Our attorneys have the experience to advise on evaluations, prepare you for the process, and protect your rights while ensuring your child’s best interests remain at the forefront.

Contact Reape Rickett today to schedule a confidential consultation.