What is the test for a court to "rubber-stamp" a recommendation by an expert on custody and visitation?

California, United States of America


The following excerpt is from De Light v. De Light (In re De Light), E066256 (Cal. App. 2018):

The evaluators statements are not conclusive on custody or visitation. They are merely probative of the relevant facts that can be considered with all of the evidence by the trial court. (See Marriage of DeRoque (1999) 74 Cal.App.4th 1090, 1096 [court did not "rubber-stamp" the recommendation on modification of custody and visitation provided by the expert].) Parties are entitled to an opportunity to cross-examine court appointed experts whose reports inform the court's decision. (Wheeler v. Wheeler (1973) 34 Cal.App.3d 239, 242.)

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