Evaluation of Child’s Best Interest

750 ILCS 5/604.5

In a custody, visitation or removal proceeding, the court may order an evaluation concerning the best interest of the child as it relates to those issues.  The motion may be made by a party, parent, child’s custodian, attorney for the child, guardian ad litem or child’s representative.  The evaluation may be in place of or in addition to an evaluation conducted under subsection (b) of Section 604.

The motion shall state the identity of the proposed evaluator and set forth that person’s specialty or discipline. 

An order for an evaluation shall set out the time, place, conditions and scope of the evaluation and shall designate the evaluator.  A party shall not be forced to travel an unreasonable distance for the evaluation.

The person requesting the evaluator shall bear the costs unless otherwise ordered by the court. 

Within 21 days of completing the evaluation, if the moving party intends to call the evaluator as a witness, the evaluator must prepare and mail the written evaluation to the attorneys of record.  The evaluation shall set forth the findings, test results, conclusions and recommendations.  If the evaluation is not timely provided, it may not be received into evidence. 

The party calling an evaluator to testify at trial shall disclose the evaluator as an opinion witness in accordance with Supreme Court Rules.

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